Case Note & Summary
The petitioner, Bruhat Bangalore Mahanagara Palike (BBMP), filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 09.04.2015 passed by the Karnataka Electricity Regulatory Commission (KERC) in Complaint No.1/2015. The BBMP sought quashing of the order or alternatively remand of the matter to the Commission for fresh consideration after hearing the petitioner. The respondents included Bangalore Electricity Supply Company Limited and other electricity supply companies. The court, after hearing the advocates for both sides, dismissed the petition, holding that the KERC order was passed after due consideration and within its powers under the Electricity Act, 2003. The court found no violation of natural justice or jurisdictional error warranting interference under writ jurisdiction.
Headnote
A) Electricity Law - Tariff Fixation - Regulatory Commission's Powers - Section 62, 64 of Electricity Act, 2003 - The petitioner BBMP challenged the KERC order fixing electricity tariff for street lighting, alleging that it was passed without hearing the petitioner. The court held that the Commission had followed due process and the order was within its jurisdiction. (Paras 1-3) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The court examined whether the impugned order suffered from any error of law or violation of natural justice. It found that the petitioner had been given opportunity to participate in the proceedings and the order was reasoned. (Paras 1-3)
Issue of Consideration
Whether the Karnataka Electricity Regulatory Commission's order dated 09.04.2015 in Complaint No.1/2015 is liable to be quashed on the grounds of violation of natural justice and lack of jurisdiction.
Final Decision
The writ petition is dismissed. The order of KERC dated 09.04.2015 is upheld.
Law Points
- Electricity tariff fixation
- Regulatory commission's powers
- Natural justice
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
