AEON CREATIONS PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, made returnable forthwith. Respondents waives service. By consent of the parties, heard finally.

(2.) This petition under Article 226 of the Constitution of India assails the communication dtd. 6/12/2024 issued by respondent no. 2-Maharashtra State Electricity Distribution Co. Ltd. (for short "MSEDCL") whereby the petitioners (for short "petitioner") have been called upon to pay an amount of Rs.2,07,24,237.00 in relation to the charges for the electricity consumed being categorized as a theft case, failing which the petitioner's online application dtd. 11/10/2024 under the "Mahavitaran Abhay Yojana, 2024" (for short "Amnesty Scheme") shall not be considered for approval and will be rejected after 13/12/2024 without further intimation.

(3.) The impugned communication is issued on the basis of Circular no.7 of 2024 dtd. 3/12/2024, issued by MSEDCL titled as 'Extension to Mahavitaran Abhay Yojana-2024' whereby the Amnesty Scheme earlier floated was extended till 31/12/2024, with an additional provision, that in case of permanently disconnected (PD) consumers having theft cases, 100% interest will be waived off, on making payment of 100% theft assessment amount. The validity of the said circular has also been challenged by the petitioner on the ground that the impugned communication dtd. 6/12/2024 is issued to the petitioner on the basis of said circular. In these circumstances, the petitioner has prayed that a writ be issued to MSEDCL and its officers, who are arrayed as respondent nos. 2 to 4 to accept the petitioner's application under the Amnesty Scheme and without insisting for compliance of the additional condition imposed in the impugned circular dtd. 3/12/2024.