c^^^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. ^^5~ OF 2010 PETITIONER RESPPNDENTS .^}^^ ^?^", ^s&' ^z-" ^••;"y^" ^•"S4^/" €^^ 'y South Asian Agro Industries Limited Through its Managing Director Sheshavatharam Manepalli, Aged about 34 years, S/o Dr. S.M.Manepalli, R/o Surya Chakra House, Plot No.304, L-lll, Road No.78, Jubilee Hills, Hyderabad - 33 V E RS US State of Chhattisgarh, through the Secretary, Government of Chhattisgarh, Department of Energy, D. K. S. Bhawan, Mantralaya, Raipur (CG). Chhattisgarh State Power Distribution Company Limited through Chief Engineer (Commercial), Raipur Chhattisgarh Chief Engineer (Commercial), Chhattisgarh State Power Distribution Company Limited, Raipur Chhattisgarh Additional Chief Engineer (Commercial), Chhattisgarh State Power Distribution Company Limited, Raipur Chhattisgarh Chhattisgarh State Electricity Regulatory Commission, Irrigation Colony, Shanti Nagar, Raipur Chhattisgarh through Secretary WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIOMOF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS, CERTIORARI. DIRECTION OR DIRECTIONS. ORDER OR ORDERS OR THE LIKE HIGH COURT OF CHHATTISGARH AT B8LASPUR WRIT PETITION (C) N0. 5S45 OF 2010 Petjtioner South Asian Agro industries Limited Versus Respondents State of Chhattisgarh & Others WRiT PETiTiON UNDER ARTICLE 226 OF THE CONST!TUT10N OF INDJA (SB : Hon'ble JVIr. Satish K. Agnihotri, J.) Present:- Shri Ranbir Singh Marhas, Advocate for the petitloner. Shri M.P.S.Bhatia, Dy. Govt. Advocats forthe State. ORDER(ORAU (Passed on 30th day of S@ptemb©r,2010) 1, Learned counse! appearing for the petitioner submits that the order jmpugned dated 14.09.2010 (Annexure P-1) was passed, directlng recovery of Rs. 87,00,369/-. Against that, the petitioner has already preferred an appiication/ietter dated 23.09.2010 (Annexure P-4) for darification regarding scheduiing of energy by Biomass plants as per order dated 15.01.2008, to the Chhattlsgarh State Eiectricity Reguiatory Commission (for short "CSERC"). The same is pending consideration. Today, being the iast day, if no interim order is granted, the Chhattisgarh State Power Distribution Co. Ltd. (for short "CSPDCL") may proceed with the recoverv 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 Immedjateiy preferred an appiication / ietter to the CSERC for darification ofthe order. 3. In view of that, it wouid not be proper to entertaln the petition at this stage when the appllcation/ietter is aiready pending before the CSERC for consideration/modjfjcation of the earlier order. However, havlng regarding to the total facts, it is expected that the appjjcatlon/ietter dated 23.9.2010 filed by the petltioner wouid be considered and decided bythe CSERC as expeditiousiy as possible, preferabiy within a period of 4 weeks. 4. Accordlngiy, the writ petltion Js dlsposed of. No order asto costs. ashok Sd/- SatishK.Agnihotn Judge