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2008 DIGILAW 452 (JHR)

M. S Mittal v. Jharkhand State Electricity Board

2008-04-11

D.G.R.PATNAIK, M.KARPAGAVINAYAGAM

body2008
ORDER Heard the learned counsel for the parties. 2. Today, an affidavit has been filed on behalf of the Regulatory Commission with enclosures of the report of the Chairman. The Chairman has suggested in his report as follows. “ The Information required of the purpose is noe available with the Commission can process the applications and send the format for Request For Qualification (RFQ) with the assistance of CEA, After the formats are received back, it can be processed again with the assistance of CEA and declare the successful applicant. This process, in my opinion, will take maximum two months. Thereafter the successful applicant will be asked to apply for the licence formally alongwith the application fee and then the Commission will issue the distribution licence following the provisions of the Electricity Act, 2003 from that stage.” 3. On hearing the counsel for the parties, we are of the view that the aforesaid suggestions made by the Chairman would pave the way for early solution of the problem relating of the power crisis faced in the State. So the Commission is directed to complete the process thereby declaring the successful candidates within two months from today and after declaration of the successful applicants, successful applicants will be asked to apply for distribution licence alongwith fee and the Regulatory Commission will distribute licence, the process of which must be completed within one month thereafter. 4. It is pointed out on behalf of the Commission that suggestion given by the Member Technical is in accordance with law which may be taken into consideration while implementing the direction. 5. It is stated that the Chairman has superannuated. So the lone member on behalf of the Regulatory Commission is directed to carry out the direction of this court. 6. Now as undertaken by Mr. V.P. Singh on the last occasion, he has filed affidavit with regard to the generating stations. 7. Regarding proper supply of electricity, we want the present status report(s) from the Jharkhand State Electricity Board and the State and accordingly the learned Advocate General and Mr. V.P. Singh are directed to file affidavit. 8. Post this case on 25th April, 2008. 9. Let copy of this order be given to the counsel for the parties as prayed for.