Facts
The petitioner, Gramin Vikas Samiti Khajurani, was operating a Fly Ash Bricks Unit in the RIPA premises of Gram Panchayat Khajurani pursuant to a resolution dated 8 March 2024.
Source reference: para. 1–2The respondents required the petitioner to pay electricity dues and 5% of the profit earned from the unit.
Source reference: para. 1–2The petitioner challenged the ex parte inquiry report dated 14 August 2026 and the order dated 3 September 2026, alleging that the demand was made without granting an opportunity of hearing.
Source reference: para. 1–2The petitioner stated that it had already deposited ₹20,000 towards the electricity bill and was willing to pay the outstanding amount, but required the respondents to furnish the relevant calculation and details.
Source reference: para. 1–2It further contended that the liability should be calculated from 1 April 2024, when the unit allegedly commenced operations.
Source reference: para. 1–2The State raised no objection to the petitioner’s request that the outstanding amount be calculated and communicated to it.
Source reference: para. 3Issues
Whether the concerned authorities should calculate and communicate the electricity dues and 5% profit share payable by the petitioner, after considering its objection that liability commenced only from 1 April 2024?
Source reference: para. 2–4Whether the petitioner was entitled to an opportunity to submit an application and deposit the amount claimed by it before the authorities passed a fresh order in accordance with law?
Source reference: para. 2–5Whether the High Court should adjudicate the validity of the impugned inquiry report and order, or grant the substantive reliefs sought by the petitioner concerning possession and operation of the unit?
Source reference: para. 1, 5–6Law Applied
The Court applied the administrative-law principles of fair consideration and decision-making in accordance with law, requiring the concerned authorities to calculate the alleged dues, consider the petitioner’s objection regarding the commencement date of liability, and pass an appropriate order after considering the petitioner’s application.
Source reference: para. 4–5The Court did not rely upon or decide any specific statutory provision or judicial precedent.
Source reference: para. 4–5It expressly clarified that it had not expressed any opinion on the merits of the petitioner’s case.
Source reference: para. 4–5Reasoning
The Court noted that the petitioner was willing to deposit the amount payable and that the principal surviving dispute concerned the period from which the electricity dues and 5% profit share were to be calculated.
Source reference: para. 4Rather than determining the amount itself or adjudicating the validity of the impugned inquiry report and order, the Court directed the petitioner to submit an application along with the amount it considered payable.
Source reference: para. 4–5The authorities were then required to calculate the outstanding amount, communicate it to the petitioner, consider its objection that liability commenced on 1 April 2024, and pass an order in accordance with law.
Source reference: para. 4–5The Court therefore confined its intervention to ensuring a proper administrative determination and did not decide the merits of the underlying dispute.
Source reference: para. 5Holding
The petition was disposed of with directions.
The petitioner was required to file an appropriate application, along with the requisite amount it sought to deposit, within seven days from receipt of the order.
Source reference: para. 4–6The concerned authorities were directed to calculate and communicate the outstanding amount, consider the petitioner’s claim that the liability should be computed from 1 April 2024, and pass an appropriate order in accordance with law.
Source reference: para. 4–6No final ruling was given on the validity of the impugned order, the ex parte inquiry report, or the petitioner’s substantive claim to continue operating the Fly Ash Bricks Unit.
Source reference: para. 4–6Original Court PDF
GRAMIN VIKAS SAMITI KHAJURANIvsSTATE OF CHHATTISGARH
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