Byrnihat Industries Association Vs Meghalaya State Electricity Regulatory Commission (Meghalaya High Court)
Meghalaya High Court dismissed the writ petition as not maintainable due to availability of alternate efficacious remedy under Section 111 of the Electricity Act, 2003. Also held that writ is not maintainable as there is no breach of principles of natural justice.
Facts- The petitioners, herein, are stated to belong to a Society known as the Byrnihat Industries Association constituting of different industrial units, are before this Court assailing an order dated 23-08-2024, passed by the Respondent Commission, which is arrayed herein as respondent No.1, whereby certain intervention applications were allowed and orders dated 05-06-2024 and 06-06-2024 withdrawn, while fixing the entire matter for hearing afresh, for fixation of tariff for the financial years 2024-2025 and 2026-2027, u/s. 62 and 64 of the Electricity Act, 2003.
The said orders dated 05-06-2024 and 06-06-2024 were the subject matter of challenge before this Court which had been preferred by the MePDCL, MePGCL and MePTCL who have been arrayed herein as party respondents. The grounds that were taken was that the said two orders had been passed by the Regulatory Commission without proper quorum and in violation of Regulation 18(3) of the Meghalaya State Electricity Regulatory Commission (Conduct of Business) Regulations, 2007.
