Trikuta Pulp and Nectars Th Rajneesh Sharma v. Ut of J and K Th Commissioner Secretary, Power Development Department, Jammu and Others

JUDGMENT (ORAL)

¶01The petitioner – Trikuta Pulp & Nectars is an industrial concern being a sole proprietorship of Mr. Rajneesh Sharma.

¶02The petitioner, as an industrial concern, is a manufacturing unit engaged in manufacturing of beverages, as mentioned in para 4 of the writ petition duly registered and licensed under Food Safety and Standards Act, 2006 with a license No. 10019061000403.

¶03The petitioner's unit is situated at village Panthal tehsil Katra district Reasi. Serial No. 150 Supplementary List-II

¶04The petitioner is carrying 74 KW Power Load Electricity Connection sanctioned vide an order No. SEB/32 of 2019 dated 03.01.2019 issued by the Superintending Engineer, Electric, Maintenance and Rural Electrification Circle-III, Batote.

¶05In terms of electricity consumption, the petitioner bears Consumer ID No. 0112010011341.

¶06The petitioner came to be served with a notice No. SDK/1250-52 dated 23.12.2025 from the end of the Assistant Executive Engineer, JPDCL Electric Sub Division, Katra on the subject of "Notice for disconnection of supply for default of payment under section 56 of Electricity Act, 2003".

¶07In the said notice dated 23.12.2025, the purported failure on the part of the petitioner to pay electricity dues for the month of December 2025 amounting to Rs. 37,22,100/- against Installation No. Trikuta/P/02 Consumer ID No. 0112010011341 is demanded to be payable from the end of the petitioner by holding violation of Regulation 7.34 and 7.35 of the Joint Electricity Regulatory Commission Electricity Supply Code Regulation, 2023 for the UT of J&K.

¶08Thus, the petitioner was called to pay said due amount of Rs. 37,22,100/- in full on or before 29.12.2025, failing which disconnection of the electricity connection was meant to be carried out, besides resorting to recovery

proceedings under the Electricity Act, 2003, without any further notice to the petitioner.

¶09The petitioner comes forth with the present writ petition assailing the purported demand of liability of Rs. 37,22,100/- on account of electricity consumption against installation No. Trikuta/P/02 Consumer ID No. 0112010011341, on the ground as set forth in para 21 (a to g).

¶10The major exploit of the challenge from the petitioner's end to the impugned notice is that the timeline as provided in section 56 of the Electricity Act, 2003 has been breached by calling upon the petitioner to make the payment within a period of five days as against the statutory period of not less than fifteen days.

¶11The petitioner has further pleaded that there is an error of computation on the part of the respondents in coming up with the purported default amount against the petitioner.

¶12In the writ petition, the petitioner has submitted that there is no remedy available at its end against the impugned course of action at the end of the respondents culminating in issuance of impugned notice No. SDK/1250-52 dated 23.12.2025.

¶13The petitioner submits that disruption/ disconnection of electricity supply to the petitioner's running unit on the purported account of non-payment of demanded electricity dues, which is being disputed by the petitioner,

would render the petitioner's unit to a standstill, thereby constituting a serious economic loss not only to the petitioner but also to the Union Territory of J&K in terms of an ongoing industrial activity.

¶14Mr. Raman Sharma, learned AAG, entering appearing upon instructions of this Court on behalf of the respondents in accepting notice, submits that the petitioner has an alternate and efficacious remedy for redressal of its grievance, if the same is genuine, and for that purpose the petitioner is required to approach the prescribed authority.

¶15Mr. Rahul Pant, learned Sr. Advocate assisted by Mr. Aniruddh Sharma, learned Advocate for the petitioner submits that in case petitioner's grievance can be examined and considered by the higher authority concerned, then the petitioner has no hesitation, in exhibit of its bona fide, by approaching very said authority, provided adverse/coercive action in the intervening time comes to be resorted against the petitioner.

¶16Keeping in view of the aforesaid, the present writ petition is disposed of with a direction to the petitioner to approach Level-IV, Chief Engineer Level (3-Members) with requisite representation/appeal for addressing its objections to the notice in reference for enabling the decision of the concerned authority thereupon.

¶17Therefore, the petitioner is directed to approach the aforesaid authority of Level-IV, Chief Engineer Level (3-

Members) within a period of 15 days from the date of passing of this order, whereupon the concerned authority of Level-IV, Chief Engineer Level (3-Members) to consider representation/appeal of the petitioner by affording an opportunity of hearing also and then to pass final order with reasons on merits.

¶18Needful exercise to be done within a period of 30 days from the date of appearance of the petitioner with representation before the authority concerned.

¶19The final outcome, if still prejudicial to the petitioner, can then be questioned by the petitioner by resorting to the appropriate legal course of action as may be available.

¶20Till the final outcome coming forth from the authority concerned, electricity supply to the petitioner's installation No. Trikuta/P/02 Consumer ID No. 0112010011341 not to be put to any disconnection.

¶21The present writ petition is, accordingly, disposed of along with connected application.

(RAHUL BHARTI) JUDGE JAMMU

30.12.2025

Bunty

Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No

Jammu

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 8549/2025 Date of pronouncement : 30.12.2025 Uploaded on : 02.01.2026 Trikuta Pulp & Nectars ….Petitioner Through:- Mr. Rahul Pant, Sr. Advocate with Mr. Aniruddh Sharma, Advocate. V/s UT of J&K & Ors. …..Respondents Through:- Mr. Raman Sharma, AAG with Ms. Sheikh Saliqa, Assisting Counsel. \ CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE