The Allahabad High Court (Lucknow Bench), comprising Justice Shekhar B. Saraf and Justice Prashant Kumar, has directed that no coercive steps be taken against the Uttar Pradesh Power Corporation Ltd. (UPPCL) in a writ petition challenging the retrospective recovery of charges under the Central Electricity Regulatory Commission (Deviation Settlement Mechanism and Related Matters) Regulations, 2024.
The petitioner argued that the new regulation permits retrospective recovery of charges, which is arbitrary and violative of Articles 14, 19, and 21 of the Constitution. It was further contended that the procedure introduced by the National Load Dispatch Centre, acting as the Grid Controller of India, exceeded its delegated powers under Regulation 9(7) of the CERC Regulations by applying procedures retrospectively.
Acknowledging a prima facie case and considering the balance of convenience in favour of the petitioner, the Bench restrained respondent 3 from taking any coercive measures against UPPCL until the matter is finally decided.
The Court granted four weeks for the filing of a counter affidavit and two additional weeks for rejoinder, listing the matter after six weeks.
Appearances:
Counsel for Petitioner(s): Mohd. Altaf Mansoor, Tanay Chaudhary
Counsel for Respondent(s): A.S.G.I., Madhumita Bose
