pr^— ^ c^^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (Cl No. 'T^^V2-OF2010 PETITIONER 60^£g?^ i^j3^-- 111 RESPONDENTS ^'£!' w y^ms^^y^' Sudha Agro 011 and Chemical Industries Limited, Bilaspur Chhattisgarh through Director E. Rajeev, aged about 32 years S/o E. Ramakrishna, R/o Viltage Mohatarai, Ratanpur Road, Bilaspur, 495009, Chhattisgarh VERSUS 1. State of Chhattisgarh, through the Secretary, Government of Chhattisgarh, Department of Energy, D. K. S. Bhavan, 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 Commjssion, Irrigation Colony, Shanti Nagar, Raipur Chhattisgarh through Secretary WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS. CERTIORARI. DIRECTION OR DIRECTIONS. ORDER OR ORDERS OR THE LIKE COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (0 N0. 5642 OF 2010 Petitioner Sudh-a Agro Oij and ' Chemicai Industries Limited, Versus Respondents State ofChhattisgarh & Others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTiTUTION OF INDIA (SS : Hon'ble Mr. Satlsh K. Agnihotri, J.) Present:- Shri Ranblr Slngh Varhas, Advocate for the petitioner. Shri M.P.S.BhatIa, Dy. Govt. Advocate fortheState. ORDER(ORAU (Passsd on 3Q day of September, 2010) 1. Learned counsei appearing for the petitioner submits that the order jmpugned dated 14.09.2010 (Annexure P-1) was passed, directing recovery of Rs. 18,01,850/-. Against that, the petitloner has already preferred an appiicationyietter dated 23.09.2010 (Annexure P-4) for darification regarding scheduiing of energy by Biomass piants as per order dated 15.01.2008, to th©Chhattisgarh State Eiectricity Reguiatory Commission (for short "CSERC"). The same is pending consideration. Today, belng the Jast day, if no Interim order is granted, the Chhattisgarh State Power Distributlon 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 jmmediately preferred an application / letter to the CSERC for ciariflcation ofthe order. 3. In view of that, It would not be proper to entertain the petitlon at this when the application/letter is already pending before the CSERC for consideratlon/modlfication of the eariler order. However, having regarding to the tota! facts, it is expected that the appiicatlon/ietter dated 23.9.2010 fiied by the petltloner wouid be considered and dedded bythe CSERC as expeditiousiy as possible, preferabiy within a period of 4 v^eeks. 4. Accordingiy, the writ petition is disposed of. No order asto costs. ashok Sd/- Satish K. Agnihotri Judge