Dismissed

Mohd. Saudagar and Ors. v. Financial Commissioner Appeals and Ors.

Punjab & Haryana HC14 Feb 2017CWP/13067/2016

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What is this about?

In CWP No.13067 of 2016, the Punjab & Haryana High Court disposed of a writ petition where petitioners challenged a property partition due to an unpartitioned electric joint connection. The Court declined to order partition of the connection due to electricity rules, granted liberty to apply departmentally, and fixed a three-month deadline for the department's decision.

What did the court decide?

Liberty granted to petitioners to apply for a fresh electric connection; direction to department to decide application preferably within three months.

Mohd. Saudagar and Ors. Vs Financial Commissioner Appeals and Ors. — Punjab & Haryana HC (2017) — LawSathi Research

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CWP No.13067 of 2016 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No.13067 of 2016 (O&M) Date of decision:14.02.2017

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Mohd. Saudagar and others

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... Petitioners

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Vs.

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Financial Commissioner Appeals and others ... Respondents

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Present:Mr. Ghulam Nabi Malik, Advocate for the petitioners.

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AMIT RAWAL J. (Oral)

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C.M.No.1442 of 2017

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The application is allowed, subject to all just exceptions. Mode of partition (Annexure P-7) is taken on record.

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CWP No.13067 of 2016

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The prime grievance of the petitioners is that by virtue of the partition, the electric connection which was in joint khata has not been ordered to be partitioned.

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This Court called upon Mr. Ghulam Nabi Malik, Advocate to apprise the original holder of the connection and on seeking instructions, he submits that the connection is in the name of respondent No.5. The electricity rules do not permit the bifurcation of the electric connection. It cannot be partitioned in the partition proceedings. Since the joint khata has already been partitioned, liberty is granted to the petitioners to move an

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Savita 2017.02.17 13:06 I attest to the accuracy and integrity of this document High Court Chandigarh

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CWP No.13067 of 2016 (O&M)

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{2}

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appropriate application to the concerned department by placing on record the documents for applying a fresh connection. In case, any such application is filed, the same shall be considered keeping in view the aforementioned observations and decided as early as possible preferably within a period of three months from the date of receipt of certified copy of this order. The rest of order confirming the partition is affirmed.

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Writ petition stands disposed of.

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(AMIT RAWAL) JUDGE February 14, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No

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Savita 2017.02.17 13:06 I attest to the accuracy and integrity of this document High Court Chandigarh

Mohd. Saudagar and Ors. v. Financial Commissioner Appeals and Ors.

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Mohd. Saudagar and Ors. v. Financial Commissioner Appeals and Ors.

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