M/S Modern Cotton Industries Lethpora v. Union Territory of J and K and Ors. (Power Development / Kpdcl)

ORDER 16-05-2025

¶1The present writ petition has been preferred by the petitioner by way of second round of litigation. In earlier round of litigation, the petitioner had approached this Court through a writ petition bearing WP(C) No. 1796/2024, which was dismissed by this Court vide order/judgement dated 13th August, 2024. The operative part of order/judgement dated 13th Augsut,2024 is reproduced as under: It is stated by Mr. Jahangir Ahmad Dar, learned GA, that the Consumer Grievance Redressal Forum has been established by Kashmir Power Distribution Corporation Limited not only at divisional level but also at sub divisional levels. Learned counsel for the respondents further states that petitioner has an equally, efficacious and an alternate remedy available, as such, the instant petition is not maintainable. Learned counsel for the petitioner has fairly conceded to the submissions made by the learned counsel for the respondents. He seeks withdrawal of the writ petition with a liberty to file appropriate proceedings before the Consumer Grievance Redressal Forum. In view of above the writ petition is dismissed as withdrawn. However, liberty is granted to the petitioner to approach Consumer Grievance Redressal Forum for redressal of his grievances as prayed for in this petition.

¶2From a bare perusal of the order/judgement dated 13th August, 2024, it is apparently clear that earlier writ petition was dismissed with liberty to the petitioner to approach Consumer Grievance Redressal Forum for redressal of his grievance.

¶3The case of the petitioner is that pursuant to order/judgement dated 13th August, 2024, the petitioner filed a complaint/application before the respondent No.5-Executive Engineer, EM &RE Division/O&M Division (JKPDCL) Awantipora, Pulwama, on 12th November, 2024 and till date no effective proceedings have taken place and the case is being lingered on unnecessarily. The petitioner, therefore, approached this Court through the medium of the present writ petition.

¶4Learned counsel for the petitioner, when confronted with the maintainability of the writ petition, prays that the petitioner will be satisfied in case, the writ petition is disposed of with a direction to the respondent No.5-Executive Engineer, EM &RE Division/O&M Division (JKPDCL) Awantipora, Pulwama to expedite the proceedings on the application/complaint of the petitioner within some reasonable time frame, to which, learned counsel for the respondents has no serious objection.

¶5With the consent of learned counsel for the parties, the present writ petition is taken for final disposal and is disposed of with a direction to the respondent No.5-Executive Engineer, EM &RE Division/O&M Division (JKPDCL) Awantipora, Pulwama to expedite the proceedings and to pass a final order upon the application/complaint of the petitioner, preferably within a period of two months from today, strictly under rules and as per law.

¶6The writ petition is disposed of along with connected CM(s), in terms of the above. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 16-05-2025 Mubashir

S.No.91 Supp. List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1081/2025 CM(2850/2025) M/S MODERN COTTON INDUSTRIES LETHPORA …Petitioner(s)/Appellant(s) Through: Mr. Tariq Ahmad Lone, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Mr. Faheem Nisar Shah, GA CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL,JUDGE