AIRPORT AUTHORITY OF INDIA Vs. JHARKHAND STATE ELECTRICITY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition has been preferred for quashing the demand notice dated 03.10.2006 whereby a sum of Rs. 15,68,678/- has been submitted to the petitioner for payment on account of electric dues against the High Tension Connection. The petitioner is also aggrieved by the order dated 26.11.2005 passed by the Jharkhand State Electricity Regulatory Commission, Ranchi in Petition No. 12/04-05 where he had moved for redressal of his aforesaid grievance. From perusal of the Annexure-4 to the writ petition, order passed by the Jharkhand State Electricity Regulatory Commission, Ranchi dated 26.11.2005, it appears that the proceeding was terminated on account of the fact that none appeared on behalf of the petitioner-the Airports Authority of India, Ranchi, but counsel for the respondent-Jharkhand State Electricity Board, Ranchi was present.

(3.) Learned counsel for the respondents-JSEB has submitted on the basis of the provisions of the Electricity Act 2003, which have duly been dealt with in the judgment of the Hon'ble Supreme Court of India in a case of Maharashtra Electricity Regulatory commission Vs. Reliance Energy Ltd. and Others, 2007 8 SCC 381 that petitioner was required to approach alternative statutoryforum created by the Jharkhand Electricity Board under the Provisions of the Section 42(5) of the Electricity Act, 2003, instead of approching the Commission, which do not have jurisdiction to decide individual compliant. Relevant paragraphs of the aforesaid judgment contained at para- 32,33 and 34 are being quoted hereinbelow for better appreciation:-