Madhya Pradesh High Court
Ghv(India) Private Limited Through ... vs M.P. Paschim Kshetra Vidhyut Vitran Co. ... on 23 April, 2024
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 23 rd OF APRIL, 2024
WRIT PETITION No. 4062 of 2024
BETWEEN:-
GHV(INDIA) PRIVATE LIMITED THROUGH
AUTHORISED SIGNATORY SHIRAJBHAI KADIWALA S/O
SHRI HARUNBHAI KADIWALA SURVEY NO. 6, VILLAGE
SARASPURA, TEHSIL SITAMAU, MANDSAUR (MADHYA
PRADESH)
.....PETITIONER
(SHRI DHEERAJ SINGH PANWAR, ADVOCATE)
AND
1. M.P. PASCHIM KSHETRA VIDHYUT VITRAN CO.
LTD. THROUGH MANAGING DIRECTOR G.P.H.
COMPOUND POLOGROUND INDORE (MADHYA
PRADESH)
2. M.P. PASCHIM KSHETRA VIDHYUT VITRAN CO.
LTD. THROUGH SUPERINTENDING ENGINEER
(HT BILLING CELL) GPH COMPOUND
POLOGROUND INDORE (MADHYA PRADESH)
3. M.P. PASCHIM KSHETRA VIDHYUT VITRAN CO.
LTD. THROUGH SUPERINTENDING ENGINEER (O
AND M) MANDSAUR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI AMAY BAJAJ, GOVT. ADVOCATE)
T h is petition coming on for order this day, t h e court passed the
following:
ORDER
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following relief:-
Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 23-04-2024 18:06:33 2" (i) That this petition may kindly be allowed and an appropriate writ, order or direction be issued to quash the impugned demand dated 22/03/2021 (Annexure P-1) and further subsequent recovery made in subsequent monthly bills of petitioner based on demand dated 22/03/2021.
(ii) That, the Respondent be kindly directed to refund amount of Rs.50,78,161/- illegally recovered along with interest as per Section 62(6) of Electricity Act, 2003.
(iii) . That, any other relief as deemed fit may kindly be granted by the Hon'ble Court. "
2. The grievance of the petitioner is that illegal demand has been raised against the petitioner vide impugned demand dated 22.3.2021 (Annexure P-1), retrospectively, which issue has already been decided by this Court in W.P.No.9654/2021 order dated 14.9.2021 (Narmada Resource Vs. M.P.Paschim Kshetra Vidhyut Vitran and another) whereby, this Court had allowed the petition with the following observation:-
"13] Resultantly, the petitions stand allowed and the impugned demand notices are hereby set aside. It is found that the petitioner has paid certain amount to the respondents as directed by this Court while granting interim relief vide order dated 13.07.2021 and 18.08.2021, it is directed that the amount paid by the petitioner shall also be remitted back to the petitioner with the applicable bank interest rate within a period of one month from the date of receipt of certified copy of this order."
Thus, it is submitted that the present case is squarely covered by the aforesaid order.
3. Counsel for the respondent has not disputed the aforesaid factual aspect of the matter.
Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 23-04-2024 18:06:33 34. In view of same, this Court is inclined to dispose of the present petition in the light of the decision rendered by this court in the case of Narmada Resource (supra) which order shall also be applicable to the case of the present petitioner mutatis mutandis.
5. Accordingly, impugned demand dated 22.3.2021 (Annexure P-1) is hereby quashed and the amount recovered from the present petitioner pursuant to the impugned demand be refunded to him within a period of one month along with the interest applicable.
6. The Petition stands disposed of.
(SUBODH ABHYANKAR) JUDGE das Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 23-04-2024 18:06:33