1/5 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 29th DAY OF AUGUST 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.32137/2016(GM-KEB) C/W WRIT PETITION No.54523/2015(GM-KEB) IN WRIT PETITION No.32137/2016(GM-KEB) BETWEEN:
M/S HINDUSTAN PETROLEUM CORPORATION LTD., HASSAN P O L TERMINAL, H N PURA ROAD, HASSAN-573 201. REPTD. BY ITS CHIEF INSTALLATION MANAGER, SRI. D. RAMA RAO.
…PETITIONER (BY SRI.NAVEEN CHANDRA. N, ADV.) AND:
1. THE STATE OF KARNATAKA, MINISTSRY OF POWER AND ELECTRICITY, VIKAS SOUDHA, BENGALURU-01, BY ITS SECRETARY TO THE GOVERNMENT.
2. THE SECRETARY, KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH & 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, M G ROAD, BENGALURU-560 001.
3. THE SUPERINTENDING ENGINEER (ELE), CHAMUNDESHWARI ELECTRICITY SUPPLY CORPN. LTD., NO.927, L J AVENUE, NEW KANTHARAJ URS ROAD, SARASWATHIPURAM, MYSURU-09.
(BY SRI. A.M. SURESH REDDY, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRIT TO THE 2ND RESPONDENT TO QUASH ITS APPROVAL, VIDE DATED 01.12.2014 IN APPLYING THE TARIFF UNDER SCHEDULE HT2(b) AT ANNEX-D AND ETC., IN WRIT PETITION No.54523/2015(GM-KEB) BETWEEN:
M/S HINDUSTAN PETROLEUM CORPORATION LTD., MANGALURU P O L TERMINAL, BALA VILLAGE, VIA KATIPALLA, MANGALURU-575 030.
REPTD. BY ITS CHIEF INSTALLATION MANAGER, SRI. RAJEEV HAGARGI.
…PETITIONER (BY SRI. NAVEEN CHANDRA. N, ADV.) AND:
1. THE STATE OF KARNATAKA, MINISTSRY OF POWER AND ELECTRICITY, VIKAS SOUDHA, BENGALURU-01, BY ITS SECRETARY TO THE GOVERNMENT.
2. THE SECRETARY, KARNATAKA ELECTRICITY REGULATORY COMMISSION, 6TH & 7TH FLOOR, MAHALAKSHMI CHAMBERS, NO.9/2, M G ROAD, BENGALURU-560 001.
3. THE SUPERINTENDING ENGINEER (ELE), C & R P, MESCOM, PARADIGM PLAZA (P B NO.200) MANGALURU-575 001.
…RESPONDENTS (BY SRI. A.M. SURESH REDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRIT TO THE 2ND RESPONDENT TO QUASH ITS APPROVAL, VIDE KERC LETTER DATED 01.12.2014 IN APPLYING THE TARIFF UNDER SCHEDULE HT2(b) AT ANNEX-E AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Naveen Chandra. N, Adv. for Petitioner Mr. A.M. Suresh Reddy, AGA for Respondents 1. The petitioner-HPCL is aggrieved by the communication of the respondent-KERC, Annexure-“C” dated 21.05.2015, which has treated the activities of the petitioner, namely, storage of petrol/diesel received from M/s MRPL in the HPCL’s Oil Storage Plant and subsequent loading of the same product to the rail wagons and tankers for supplying to installations/dealers amounting to ‘commercial activity’ and not ‘industrial activity’ and therefore, the tariff schedule HT2(b) of the Tariff Schedule should be applied to the petitioner.
2. The petitioner-HPCL has filed these petitions challenging the said communication on the ground that other than MESCOM to whom the said communication, Annexure-“C” dated 21.05.2015 is addressed, other Power Distribution Companies are charging the tariff as applicable to ‘industrial activities’ under HT2(a) and not ‘commercial activities’ and therefore it amounts to discrimination for the petitioner by the respondent- MESCOM charging higher rates treating the same as an ‘commercial activity’ under Tariff HT2(b).
3. The learned counsel for the respondents however submits that against the said order/communication of KERC, an appellate remedy is available to the petitioner under Section 86 of the Electricity Act, 2003.
4. In view of the alternative remedy available to the petitioner-company, the present petition is not maintainable and the same is accordingly dismissed with a liberty to the petitioner to approach the Appellate Authority in accordance with law. No costs. Copy be sent to the parties concerned forthwith.
Sd/- JUDGE *alb/-.