P C RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is purportedly filed in public interest praying for quashing the Government circular dated 3rd April 2020. The Government circular contains the directions to all the Electricity Supply Companies (for short 'ESCOMs'). The Government circular refers to the extraordinary situation created due to the spread of COVID - 19 and the lockdown. It takes note of the fact that the consumers are unable to pay their electricity bills to the electricity distribution companies which is affecting the liquidity of the distribution companies. The direction of the Government in the said circular is to issue bills for April 2020 on the basis of the average electricity consumption. The circular contains a direction to make available various modes to enable the citizens to obtain copies of the bills through e-mails, Watsapp, SMS, etc. The avenues for making payments by different modes have also been ordered to be created such as online payment on ESCOMs website, payment through the Karnataka One Website/App, BBPS payment by use of all banks debit cards, credit cards, internet banking, wallet payment, UPI payments, PayU App etc. and IMI mobile App.

(2.) The circular specifically states that what is provided therein is only a one time measure for the current month keeping in view the COVID - 19 regulations in place and for the safety of the consumers. It is further clarified that the regular meter reading, billing and collection activities shall be made as before from 1st May 2020 onwards and any difference in the average bill and the actual reading may be adjusted in the following month's bill. Thus, the circular which is impugned in this writ petition appears to be issued in public interest.

(3.) The learned counsel appearing for the petitioners tried to submit that such a circular could not have been issued by the Government of Karnataka and it ought to have been issued by the Karnataka Electricity Regulation Commission (for short 'KERC'). He submitted that in the other states, moratorium has been issued for payment of the electricity bills. He submitted that the petitioners have made a representation on 8th April 2020 (Annexure-F) making a grievance about the circular dated 3rd April 2020 and praying for grant of moratorium for payment of the electricity bills for three months.