Jharkhand High Court
Popkorn Cinemas vs The State Of Jharkhand on 24 November, 2021
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 4653 of 2021
POPKORN CINEMAS, Ranchi, through its proprietor, Smt. Smriti Jaiswal
..... Petitioner
Versus
1. The State of Jharkhand, through the Department of Energy, Ranchi
2. Jharkhand Bijli Vitran Nigam Limited, through its Chairman, Ranchi
3. The General Manager-cum-Chief Engineer, Electricity Supply Area, JBVNL, Ranchi
4. The Electrical Superintending Engineer, ESC, JBVNL, Ranchi
5. The Electrical Executive Engineer, (C&R), JBVNL, Ranchi
..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Mr. N. K. Pasari
For the State: Mr. Ashok Yadav, G.A-I
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02/24.11.2021 The case is taken up through Video Conferencing.
At the request of learned counsel for the petitioner, the defects pointed out by the office are ignored.
The present writ petition has been filed by the petitioner seeking following reliefs:
"For issuance of direction upon the respondents to show cause as to how and under what authority of law, without following the guidelines as prescribed by the Ministry of Home Affairs, Government of India for complete lockdown to contain Covid-19 pandemic resulting in closure of the petitioner-cinema hall from 17.03.2020 to 05.03.2021 and again from 16.04.2021 till date, power supply bill for the months of March, 2020 to October, 2021 were raised without grant of proportionate reduction/remission in maximum demand charges as mandated in terms of Clause IX of A-14 of the Tariff Order 2019-2020.
Consequent upon showing cause, if any, and on being satisfied that the condition stipulated in Clause IX, A-14 of the Tariff Order 2019- 2020 existed for the period under lockdown, since restrictions were imposed by the Ministry of Home Affairs, Government of India followed by the Government of Jharkhand, the energy bill for the months of March, 2020 to October, 2021 to the extent it relates to maximum demand charge, be quashed and set aside.
Consequent upon quashing of the energy bill for the pried in question, the respondents be directed to revise the energy bill for the period in question."
Learned counsel for the petitioner submits that the waiver of demand/fixed charges was made for all industrial and commercial consumers of all the distribution licensees in the State of Jharkhand for the months of April, May and June, 2020 vide letter No. 1384/ACS dated 16.07.2020 issued by the Department of Energy, Government of Jharkhand under Section 108 of the Electricity Act, 2003 and relying on the same, though the Jharkhand State Electricity Regulatory Commission, Ranchi vide order dated 21.09.2020 passed in Suo-Moto Case No. 15/2020, also granted the similar relief for the said category of consumers, yet keeping in view that the petitioner could not run the cinema hall from 17.03.2020 to 05.03.2021 and again from 16.04.2021 till October, 2021 due to the restriction imposed by the government owing to Covid-19 pandemic, it should be granted the relief of proportionate reduction/remission in the maximum demand charges as mandated in Clause IX of A-14 of the Tariff Order dated 28.02.2019 issued by the Jharkhand State Electricity Regulatory Commission, Ranchi in pursuance of Case (Tariff) No. 08 of 2018 for the FY 2019-20.
Mr. Ashok Yadav, learned G.A-I appearing on behalf of the State of Jharkhand, submits that since the grant of remission in the maximum demand chares to different categories of consumers owing to Covid-19 pandemic is a policy decision of the government, this Court while exercising the power under Article 226 of the Constitution of India, may not entertain the present writ petition.
Having heard learned counsel for the parties and keeping in view that the grant of proportionate reduction/remission in demand charges due to restriction imposed by the government owing to Covid-19 pandemic i.e. the situation not covered in the existing tariff order, is a policy decision to be taken by the Government of Jharkhand, this Court is not inclined to entertain the present writ petition.
The petitioner is however at liberty to represent the Secretary, Department of Energy, Government of Jharkhand, Ranchi on the present issue. On receipt of such representation, the Secretary of the said Deparment shall place the matter before the Government of Jharkhand for its appropriate decision in this regard.
The present writ petition is accordingly disposed of with the aforesaid liberty.
Satish/- (RAJESH SHANKAR, J)