A single judge bench of the Justice Biren Vaishnav of Gujarat HC has disposed of the writ petition filed by the petitioner for recovering his excessive deposit by the respondent.
However, when respondent pointed out that the current petition is not in the proper format then this court directed to come within six weeks of this order in accordance with law.
Facts:
The short issue in the petition is with regard to the prayer made in the petition seeking a direction to the Board to refund an amount of Rs.5,000/- collected by the respondents in excess of deposit. It is the case of the petitioner that the Regulation No. 14 of the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Regulations, 2008 (for short ‘the Regulations’) envisages that the amount of deposit cannot exceed Rs.5,000/-. Mr. Tailor, learned advocate for the petitioner points out that his complaint has been responded to by a letter at page 71 of the petition which indicates that the PNG Regulatory Board – respondent no. 1 has already taken up the matter with respondent no. 2 and the issue is under consideration.
It is the stand of the respondent no. 2 as submitted by learned counsel that the petitioner had applied for a PNG connection in May 2009 and the security deposit of Rs.10,000/- was collected in May 2009. It was only with effect from 09.10.2009 that the PNG Regulatory Board authorized the respondent under the Regulations and therefore the collection of deposit of Rs.10,000/- was in accordance with the policy in vogue. He further submitted that the complaint so filed by the petitioner is not in an appropriate format and the proper remedy would lie under Sections 24 and 25 of the Petroleum and Natural Gas Regulatory Board Act, 2006.
Observations of the Court:
The court after hearing the arguments accepted the respondents counsel submission that the present petition is not in the proper format and it should have been filed under Sections 24 and 25 of the Petroleum and Natural Gas Regulatory Board Act, 2006. Therefore, they denied to go into the merits of the case and directed the petitioner to take a decision in accordance with law within a period of six weeks from the date of receipt of the writ of the order of this court
Decision:
The writ petition was disposed of without entering into the merits of the case as the present petition was not in the proper format and in accordance with law.
Case: G H GEDIYA vs PETROLEUM AND NATURAL GAS REGULATORY BOARD & 1 other
Citation: R/SPECIAL CIVIL APPLICATION NO. 4512 of 2015
Coram: Justice Biren Vaishnav
Dated: 07.11.2022
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