C^- \€T75^_ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (0 No. ^ (o U3> OF 2010 PETITIONER ^' ^^. ^ v% ls 'vv^'. ^ ""%' ^^^ Agrawal Vidyut (A Division of Agrawal Oil Extractions Limited) Raipur Chhattisgarh through Director Amit Agrawal, aged about 33 years S/o Shri Om Prakash Agrawal, R/o Village Billari, Post Neora, District Raipur, Chhattisgarh VERSUS 1. State of Chhattisgarh, through the Secretary, Government of Chhattisgarh, Department of Energy, D. K. S. Bhawan, Mantralaya, Raipur (CG). 2. Chhattisgarh State Power Distribution Company Limited through Chief Engineer (Commercial), Raipur Chhattisgarh 3. Chief Engineer (Commercial), Chhattisgarh State Power Distribution Company Limited, Raipur Chhattisgarh 4. Additional Chief Engineer (Commercial), Chhattisgarh State Power Distribution Company Limited, Raipur Chhattisgarh 5. Chhattisgarh State Electricity Regulatory Commission, Irrigation Colony, Shanti Nagar, Raipur Chhattisgarh through Secretary WRIT PETITION UNDER ARTICLE 22<6^0F THE CONSTITUTION OF INDIA FOR ISSUANCE OJAWRIT IN THE NATURE OF MANDAMUS. CERTIORARI. DIRECTION OR DIRECTIONS. ORDER OR ORDERS OR THE LIKE RESPONDENTS ^>^..- ^ty ..^^' ^^y HIGH COURT OF CHHATTISGARH_AT BiLASPUR WRIT PETITION (C) N0. 5643 OF 2010 Petitioner Agrawa! Vidyut (A Divlsion of Agr OIS Extractions Limited). Versus ashok Respondents State of Chhattisgarh & Others WRIT PETITSON UNDER ARTICLE 226 OF THE CONSTITUTiON OF INDiA (S3 : Hon'ble Mr. Satish K. Agnihotri, J.) Present:- Shri Ranbir Singh Marhas, Advocate for the petitioner. Shri M.P.S.Bhatia, Dy. Govt. Advocate forthe State. ORDER(ORAU (Passed on 30th day of September, 2010) 1. Learned counsel appearing for the petitloner submits that the order Impugned dated 14.09.2010 (Annexure P-1) was passed, directing recovery of Rs. 27,82,780/-. Against that, the petitioner has aiready prsferred an application/letler dated 23.09.2010 (Annexure P-4) for clarification regarding scheduling of energy by Blomass plants as per order dated 15.01.2008, to the Chhattisgarh State Electricity Regulatory Commission (for short "CSERC"). The same is pending consideration. Today, being the last day, if no interim order is granted, the Chhattisgarh State Power Distribution Co. Ltd. (for short "CSPDCL") may proceed with the recovery of the amount. 2. Be that as it may, it appears that pursuant to the order dated 15.01 .2008, passed by the CSERC, the impugned order was passed. The petitioner has immediateiy preferred an appiication / letter to the CSERC for clarlflcation of the order. 3. In view of that, it would not be proper to entertain the petition at thls stage when the appSication/letter is already pending before the CSERC for consideration/modification of the eariier order. However, having regarding to the total facts, it is expected that the applicatlon/letter dated 23.9.2010 filed by the petitioner wouid be considered and dedded bythe CSERC as expeditiousiy as possibie, preferably within a period of 4 weeks. 4. AccordingSy, the writ petition is disposed of. No brder asto costs. Sd/- Satish K. Agnihotri Judge