Disposed

Tejpal Singh v. State of Punjab and Ors.

Punjab & Haryana HC19 Mar 2014CWP/13934/2010

Case brief

AI extract

What is this about?

This petition sought a writ of certiorari to quash orders from the Commissioner, Patiala, regarding jurisdiction over an appeal under the Electricity Act. The Court held that the petitioner correctly approached the Additional Sessions Judge. The impugned order was set aside and the matter remitted for a trial on merits.

What did the court decide?

The order dated 23.12.2009 was set aside. The matter was remitted back to the Additional Sessions Judge, Patiala to pass appropriate orders on merits.

Tejpal Singh Vs State of Punjab and… — Civil Procedure and Limitation | Punjab & Haryana HC (2014)

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CWP No. 13934 of 2010 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No. 13934 of 2010 (O&M)

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Date of decision : 19.03.2014

Tejpal Singh

... Petitioner

versus

P.S.P.C.L and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. B.S. Bhalla, Advocate for the petitioner.

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Mr. R.K. Sharma, Advocate for the respondents

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RITU BAHRI , J. (Oral)

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Petitioner-Tejpal Singh has filed this petition under Article 226/227 of the Constitution of India for issuance of writ in t he nature of certiorari for quashing order dated 13.09.2009 (P-1) and order dated 16.09.2009 (P-3) passed by the Commissioner, Patiala, Patiala

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One notification was issued by the State Government to which the Court of Additional Sessions Judge is the special Court for the purpose of providing speedy trial of the offences under Section 135 to 140 and Section of the Electricity Act (P-4).

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A notice dated 16.09.2009 (P-3) was issued to the petitioner to pay an amount of Rs.14,77,686/- under Section 135 of the Electricity Act. The petitioner filed objection to the said notice (P-3). The petitioner approached the special Court but the Court refused to exercise its jurisdiction on the ground that he has filed an appeal under Section 127 of the Electricity Act, which is pending before the Commissioner, Patiala Divn, Patiala and

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Arora Gaurav 2014.04.02 15:45 I attest to the accuracy and integrity of this document

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CWP No. 13934 of 2010 (O&M)

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thus the present appeal is not maintainable. The order dated 23.12.2009 is Annexure P-5. Thereafter, the Commissioner, Patiala Divn., Patiala, vide order dated 12.05.2010 (P-6) by making reference to the notification of November, 2008 issued on 03.12.2008 (P-4) held that the present appeal is not maintainable as impugned notice was issued under Section 135 of the Electricity Act and the appropriate remedy to file an appeal before the Special Court of Addl. Session Sudge for redressal of his grievance.

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After hearing learned counsel for the parties and having gone through the notification (P-4), this Court is of the view that the petitioner had rightly approached the Addl. Sessions Judge by filing an appeal, as per notification (P-4), the appeal has to be filed before Addl. Sessions Judge, therefore, order dated 23.12.2009 (P-5) is set aside and the matter is remitted back to Addl. Sessions Judge, Patiala to pass appropriate orders on merits by affording opportunities to both the parties.

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The petition stands disposed of accordingly.

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RITU BAHRI) JUDGE

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19.03.2014

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G Arora

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Arora Gaurav 2014.04.02 15:45 I attest to the accuracy and integrity of this document

Tejpal Singh v. State of Punjab and Ors.

Case brief

What is this about?

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Tejpal Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

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