Himachal Pradesh High Court
Uma Stone Crusher vs . H.P. State Electricity on 30 August, 2024
Author: Mamidanna Satya Ratna Sri Ramachandra Rao
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao
Uma Stone Crusher vs. H.P. State Electricity Board Limited and others .
CWP no. 8934 of 2024 30.08.2024 Present: Mr. Shriyek Sharda, Advocate, for the petitioner.
Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Advocate, for respondent no.1.
Mr.Anup Rattan, Advocate General with Mr. Arsh Rattan, Deputy Advocate General for r respondents no.2 and 3.
CWP no. 8934/2024 & CMP no.15059/2024 Notice. Mr. Arsh Rattan, learned Deputy Advocate General and Mr. Dhananjay Sharma, learned counsel accept service of notice on behalf of respondents no. 1, 2 and 3, respectively.
Reply(ies), as prayed, be filed within four weeks.
The petitioner's grievance is that under Annexure P-3 the rate of electricity w.e.f. 20.07.2017 in respect of large industrial consumers and medium industrial consumers has been fixed at 11%, but the same has been enhanced to 17%, 19% and 25% in Annexure P-4, dt.01.09.2023 and further from 25% to 37.50% by the Notification dt. 18.01.2024 and that this is contrary to sub Section (2) of Section 11 of the Himachal Pradesh Electricity (Duty) Act, 2009, which permits the State Government to revise the rates of electricity duty through ::: Downloaded on - 30/08/2024 20:38:07 :::CIS a notification without exceeding 50% at any one time of .
the rates earlier specified under Section 3 thereof.
Since admittedly the increase from 11% to 17%, 19% and 25% and further to 37.50 % prima facie appears to be contrary to sub Section (2) of Section 11 of the Act, the respondents are restrained from collecting electricity duty beyond 16.5% in respect of medium industries and large industries.
List on 26.09.2024.
( M.S. Ramachandra Rao )
Chief Justice
30th August, 2024
( Satyen Vaidya )
(priti) Judge
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