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As per case facts, petitioners, industrial electricity consumers, challenged orders from H.E.R.C. and a subsequent demand notice for recovery of Short Term Open Access (STOA) charges. The H.E.R.C. had revised
...these charges following a remand from the Appellate Tribunal, after an initial review petition by the distribution licensee was rejected. Petitioners claimed they were not issued notice, alleging gross violation of natural justice, and that the orders were beyond H.E.R.C.'s jurisdiction, leading them to file a writ petition directly. The question arose whether the writ petitions were maintainable before the High Court, given the availability of a statutory appeal remedy and disputed questions of fact regarding the violation of natural justice. Finally, the High Court held that the writ petitions were not maintainable and dismissed them. It noted that the issue of natural justice involved disputed facts, and a public notice was issued, making the petitioners' claim of no individual notice insufficient. The High Court reserved liberty for petitioners to approach the Appellate Tribunal, considering any delay sympathetically, and ordered interim relief to continue for 30 days or until the Tribunal decides.
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