In this connectionless supply dispute, the petitioner challenged the disconnection of electricity. The court held the petition infructuous due to restored supply but granted liberty to claim damages separately.
Liberty granted to petitioner to file civil suit for damages; petition disposed as infructuous.
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CWP No.23361 of 2011 (O & M)
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CWP No.23361 of 2011 (O & M) Date of Decision: February 13, 2012.
Rajan Overseas Private Limited through its Director
....Petitioner
Versus
Uttar Haryana Bijli Vitran Nigam and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
Present: Mr. Harkesh Manuja, Advocate, for the petitioner.
Mr. Mohnish Sharma, Advocate, for respondents No.1 to 6.
AJAY KUMAR MITTAL, J.
The petitioner is an entrepreneur, a private limited company, having its business at Kundli District Sonepat. The electric connection under meter account Number LS-353-K with sanction load of 149.99KW was installed in the business premises of the petitioner. However, as per the respondent-Nigam, in view of checking, which was conducted on 29.08.2011, certain discrepancies were found which resulted in disconnecting the electric connection from the premises of the petitioner. Accordingly, the petitioner approached this Court for setting aside the order and notice dated 14.09.2011 (Annexures P-3 and P-4). Learned counsel submits that the reports dated 27.09.2011 and 19.10.2011 (Annexures P-8 and P-9)
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CWP No.23361 of 2011 (O & M)
respectively, which were obtained by the respondent-Nigam have opined in favour of the petitioner that there was no theft of electricity.
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CWP No.23361 of 2011 (O & M)
the statement made by the learned counsel for the respondent. However, liberty is granted to the petitioner to avail remedies in accordance with law as regards his claim of damages, if any.
(AJAY KUMAR MITTAL) JUDGE
February 13, 2012 sukhpreet
2 issues framed by the court
Whether the writ petition became infructuous after restoration of electricity connection and withdrawal of demand.
Whether the petitioner should be granted liberty to seek remedies regarding claims for damages for wrongful disconnection.
Rajan Overseas Private Limited
Uttar Haryana Bijli Vitran Nigam
Ajay Kumar Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
