Gujarat High Court

High Court cannot exercise writ jurisdiction to adjudicate disputes involving technical arithmetic calculations in electricity billing.

M/S GAYATRI MINERALS vs PASCHIM GUJARAT VIJ COMPANY LIMITED

Gujarat High CourtJUDGMENT: June 23, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, an industrial unit in Kutch, holds a power connection from the respondent electricity company

Source reference: para. 2

Following inspections in 2018 and 2022, the respondent found the meter was running 83.70% slow due to technical tampering/damage

Source reference: paras. 2.1–2.2

A supplementary bill of approximately ₹18.74 lakhs was issued for a six-month period

Source reference: para. 2.2

The petitioner challenged this before the Consumer Grievance Redressal Forum (CGRF), which upheld a revised bill of ₹16.89 lakhs

Source reference: para. 2.3

On further appeal, the Electricity Ombudsman, via order dated 15.07.2023, directed the respondent to treat specific dates as "tampering events" and issue a fresh bill considering the 83.70% slowness for the six-month period

Source reference: para. 2.4

The respondent issued a new bill for ₹16,01,742.45, which the petitioner challenged in the High Court, alleging it was not in accordance with the Ombudsman's specific calculation directions

Source reference: paras. 2.4–3.1
02

Issues

1. Whether the revised supplementary electricity bill issued by the respondent company was in compliance with the directions issued by the Electricity Ombudsman

Source reference: para. 3.1

2. Whether the High Court, exercising jurisdiction under Article 226 of the Constitution, can sit in judgment over minute mathematical calculations of an electricity bill

Source reference: para. 4.1, 6
03

Law Applied

The court's jurisdiction was governed by Article 226 of the Constitution of India regarding the scope of judicial review over administrative/quasi-judicial actions

Source reference: para. 4.1

Section 42(5) and 42(6) of the Electricity Act, 2003, which establish the CGRF and Electricity Ombudsman as the specialized statutory mechanisms for resolving consumer grievances

Source reference: paras. 2.3–2.4

The primary legal principle applied is that writ courts generally refrain from adjudicating factual disputes involving complex arithmetic or auditing errors when a specialized statutory forum exists

Source reference: para. 6
04

Reasoning

Upon reviewing the provided calculation sheets (specifically columns 1 to 6), the Court observed that the respondent had indeed applied the 83.70% slowness rate as directed

Source reference: para. 5

The Court noted that the total bill amount had been reduced from ₹16.89 lakhs to ₹16.01 lakhs, indicating an attempt to comply with the Ombudsman's order

Source reference: para. 5

The Court reasoned that under Article 226, it is not the role of the High Court to perform an audit or correct alleged clerical errors in calculation

Source reference: para. 6

Since the respondent provided a calculation based on the required percentage, any residual grievance regarding "error in calculation" should be addressed before an appropriate statutory forum rather than through a writ petition

Source reference: para. 6
05

Holding

The Court held that the respondent had sufficiently adhered to the Ombudsman’s directions by applying the 83.70% slowness factor

The Court held that it cannot interfere with calculation-based disputes under writ jurisdiction

Source reference: para. 6

The Court dismissed the petition and Rule was discharged with no order as to costs, granting a four-week extension of the interim relief to allow the petitioner to prefer an appeal

Source reference: paras. 6–7
Gujarat High Court

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M/S GAYATRI MINERALSvsPASCHIM GUJARAT VIJ COMPANY LIMITED

Gujarat High Court · June 23, 2026

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