Assam Power Distribution Company Ltd v. The Electricity Ombudsman and Anr

ORDER

25.07.2024

Heard Mr. KP Pathak, the learned counsel appearing on behalf of the petitioner, APDCL and Mr. BK Das, the learned counsel appearing on behalf of the respondent No.2. I have also heard Mr. S Dey, the learned counsel appearing on behalf of the respondent No.1.

¶2The instant writ petition has been filed challenging the order dated

11.07.2023 passed by the learned Electricity Ombudsman in AERC in Appeal No.3/2023.

¶3The instant matter came up for consideration before this Court in view of the application filed for vacating and modifying the order dated 01.12.2023 which has been registered and numbered as IA(C)No.1561/2024.

¶4Taking into account that any decision in the said interlocutory application would entail a decision on merits this Court heard the matter.

¶5The learned counsel appearing on behalf of the petitioner submitted that taking into account the order which has been passed and the legal fiction which has been created in view of Regulation 8.3 of the Assam Electricity Regulatory Page No.# 3/3 Commission (Electricity Supply Code) Regulations, 2017, the petitioner herein would not like to further proceed with the instant matter. Accordingly the writ petition, therefore, stands dismissed on withdrawal.

¶6The interim order dated 01.12.2023 stands vacated.

¶7Taking into account that the instant writ petition has been dismissed on withdrawal, the benefit of the interim order dated 01.12.2023, the petitioner would not be entitled to claim.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010098042024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o o WP(C)/6914/2023 ASSAMoPOWERoDISTRIBUTIONoCOMPANYoLTD. REPRESENTEDoBYoITSoMANAGINGoDIRECTORoANDoHAVINGoITSoOFFICEoATo BIJULEEoBHAWAN oPALTANBAZAR oGUWAHATI-781001 oDIST.oKAMRUP(M) oASSAM oVERSUS THEoELECTRICITYoOMBUDSMANoANDoANR. BIDYUToNIYAMAKoBHAWAN oAERC oASEBoCAMPUS o3RDoFLOOR o6THoMILE oGUWAHATI-781022 oASSAM 2:M/SoCACHARoALLOYS HAVINGoITSoREGISTEREDoOFFICEoATo122 oM.S.oROAD oFANCYoBAZAR oGUWAHATI oPIN-o781001 oASSAM o------------ o ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Advocate1for1the1petitioner(s):1Mr.1KP1Pathak Page No.# 2/3 Advocate for the respondent(s): Mr. BK Das Respondent No.2 Mr. S Dey Respondent No.1 B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH