Dismissed

Surinder Kumar v. Tpddl and Anr.

Delhi HC6 Aug 2024W.P.(C)/7209/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking compliance of an order by the Additional District Magistrate to restore electricity connection and raise bills at domestic rates, holding that writ jurisdiction cannot be used for executing subordinate orders.

What did the court decide?

The petitioner was at liberty to take appropriate recourse for implementation of the ADM's order and seek remedy under civil law for compensation.

Surinder Kumar Vs Tpddl and Anr. — Civil Procedure and Limitation | Delhi HC (2024)

¶1

$~71

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 7209/2024

¶4

SURINDER KUMAR .....Petitioner

¶5

Through: Mr.Ramit Rana, Adv.

¶6

versus

¶7

TPDDL AND ANR .....Respondents Through: Mr.Manish Srivastava with Mr.Moksh Arora, Advs for TPDDL.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

¶10

O R D E R % 06.08.2024

¶11

The petitioner seeks compliance of the order passed by the Additional District Magistrate (ADM), North Delhi, Alipur on 26.09.2024. The said order was decided in the favour of the petitioner and the respondent was directed to restore the electricity connection of the petitioner and raise the future electricity bills at domestic consumption rate.

¶12

Besides the aforesaid prayer, the petitioner also seeks compensation for mental trauma, agony and harassment that he went through due to noncompliance of the aforesaid order.

¶13

The Court is of the considered opinion that the writ jurisdiction under Article 226 of the Constitution of India, the High Court cannot become an executing Court for the execution of the orders passed by the ADM. The writ jurisdiction of this Court is an extraordinary jurisdiction which can be invoked only when there is a grave injustice and deprivation of rights to the

¶14

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:36:45

¶15

aggrieved person. If the court starts entertaining even the execution proceedings, it would be considered a usurpation of charge of an executing court and the similarly placed cases would pile up before the Writ Court which could be well taken care of by the concerned authorities.

¶16

The Court is, therefore, unable to grant the prayer made in the instant writ petition. The petitioner, however, shall be at liberty to take appropriate recourse in accordance with law for getting the aforesaid order implemented.

¶17

With respect to the compensation sought, the petitioner shall be at liberty to take appropriate remedy under the civil law.

¶18

The instant writ petition stands disposed of.

¶19

PURUSHAINDRA KUMAR KAURAV, J

¶20

AUGUST 6, 2024/MJ

¶21

This is a digitally signed order.

¶22

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:36:45

Surinder Kumar v. Tpddl and Anr.

Case brief

What is this about?

What did the court decide?

Surinder Kumar v. Tpddl and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Bhagwan Sahay Vs Govt of NCT of Delhi and Others

Smt. Renu Bisht Vs Govt. of NCT of Delhi & Ors.

Rajiv Vs Municipal Corporation of Delhi and Anr.

Vijay Kumar Sharma Vs Municipal Corporation of Delhi. and Ors.

Chander Bhan & Ors. Vs Union of India & Anr.

Praveen Kumar Vs Union of India & Anr.

Natesh Malhotra Vs South Delhi Municipal Corporation

Asian Colour Coated Ispat Limited Vs Assistant Commissioner of Income Tax & Anr.

N.C.Cables Ltd. Vs M/S Jasminder Engineering Works

Rajiv Vs Municipal Corporation of Delhi and Anr.

Vijay Kumar Sharma Vs Municipal Corporation of Delhi. and Ors.

Dr. Subhash Vijayran Vs Municipal Corporation of Delhi

Anup Kumar Ganguly Vs Municipal Corporation of Delhi and Ors.

Aditya Sarda Vs Neeta Sarda & Ors.