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Bombay High Court

Maharashtra State Electricity ... vs Shri Ajit Ramnarayan Gupta, Partner Of ... on 17 January, 2020

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                                   1701wp5681.10.odt
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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH AT NAGPUR

                             WRIT PETITION NO.5681/2010

Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its
                        Executive Engineer (Rural), Akola
                                     ...Versus...
                Shri Chandrakant Liladhar Harkanth and another

                                        with
                             WRIT PETITION NO.4197/2010

Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its
                        Executive Engineer (Rural), Akola
                                     ...Versus...
                    Shri Deepak Jamnadas Kotak and another

                                        with
                             WRIT PETITION NO.4225/2010

Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its
                        Executive Engineer (Rural), Akola
                                     ...Versus...
                    Shri Vishnu Ramprasad Gujar and another

                                        with
                             WRIT PETITION NO.5682/2010

Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its
                        Executive Engineer (Rural), Akola
                                     ...Versus...
M/s. Shri Ramdeo Cotspin Industries, Akot, Taluka Akot, District Akola and another

                                        with
                             WRIT PETITION NO.5684/2010

Maharashtra State Electricity Distribution Company Limited (MSEDCL), through its
                        Executive Engineer (Rural), Akola
                                     ...Versus...
                    Shri Ajit Ramnarayan Gupta and another



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                                                                     with
                                                          WRIT PETITION NO.5892/2010

    Maharashtra State Electricity Distribution Company Limited, through its Executive
                       Engineer, CCO & M, Rural Division, Akola
                                         ...Versus...
     Ram s/o Ramnarayan Rathi, Proprietor, Red Bricks Company, Akola and another
 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -----------------
Office Notes, Office Memoranda of Coram,                                                                        Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                          Shri S.V. Purohit, Counsel for petitioner in all petitions
                                                                          Shri Akok Daga, Counsel for respondent no.1 in all petitions



                                                                                              CORAM : AVINASH G. GHAROTE, J.

DATE : 17/01/2020 These petitions were admitted for considering a common issue involved in these writ petitions, i.e., whether infrastructure cost, which was earlier levied for the purpose of giving electricity connections by the Maharashtra State Electricity Distribution Company Limited (M.S.E.D.C.L.), was permissible.

It is stated that the issue was a subject matter in Civil Appeal No.4305/2007 (Maharashtra State Electricity Distribution Co. Ltd....Versus...Maharashtra Electricity Regulatory Commission and another) before the Hon'ble Supreme Court, which has been decided on 10/11/2016, by which the imposition of infrastructure cost has been quashed.

In that light of the matter, learned Counsel for the petitioner makes a statement that the M.S.E.D.C.L. has ::: Uploaded on - 21/01/2020 ::: Downloaded on - 10/06/2020 00:07:56 ::: 1701wp5681.10.odt 3 started to refund the infrastructure cost, as received by them, while granting applications, seeking electricity connections.

Learned Counsel for the respondent no.1 makes a statement that the infrastructure cost, as paid by his clients in all these petitions, has been received back, and therefore, the grievance in the matter does not survive.

Statements are accepted and recorded.

In that light of the matter, nothing survives in these writ petitions. The writ petitions are disposed of accordingly. Rule stands discharged. No order as to costs.

JUDGE Wadkar, P.S. ::: Uploaded on - 21/01/2020 ::: Downloaded on - 10/06/2020 00:07:56 :::