Disposed¶¶58

Shri Shiv Shankar Nandi Shala (Regd) v. State of Punjab and Others

Connected civil writ petitions (CWP-18238-2019 – Shri Shiv Shankar Nandi Shala (Regd.); CWP-434-2020

Punjab & Haryana HC5 Aug 2025CWP/18238/2019

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Case brief

AI extract

What is this about?

Gaushala; exemption from electricity charges; free electricity; PSPCL; Commercial Circular No 10/2016; Commercial Circular No 41/2018; Commercial Circular No. 01/2019; Cow Cess adjustment; Council of Ministers Govt. of Punjab 01.01.2022 18.11.2022 29.07.2023; Memo No. 44 dated 03.04.2025; 366 Gaushalas; Gazette Notification; Department of Animal Husbandry; Chief Secretary Punjab; CWP-18238-2019; CWP-434-2020; Punjab and Haryana High Court; Suvir Sehgal; liberty to approach competent authority; petitions disposed.

What did the court decide?

Liberty to the petitioner in CWP-18238-2019 to approach the competent authority for exemption by producing all the relevant documents; both petitions disposed of. ¶¶58

Shri Shiv Shankar Nandi Shala (Regd) Vs State of Punjab and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner in CWP-18238-2019 to approach the competent authority for exemption by producing all the relevant documents; both petitions disposed of.

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Issue for consideration

Whether the Gaushalas managed by the petitioners are entitled to exemption from payment of electricity charges in view of Memo No. 44 dated 03.04.2025 identifying/verifying Gaushalas in Punjab for such exemption. +1 more

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Court's answer

Both the petitions are disposed of in view of the position that Gaushalas in Punjab, including those managed by the petitioners, stand identified/verified for exemption from payment of electricity charges as per Memo No. 44 dated 03.04.2025.

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Ratio / Principle

Liberty granted to the petitioner in CWP-18238-2019 to approach the competent authority for exemption by producing all the relevant documents.

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Key takeaways

The Court proceeded on the footing of Memo No. 44 dated 03.04.2025, whereby the Gaushalas in the State of Punjab, including those managed by the petitioners, have been identified/verified for exemption from payment of electricity charges.ratio¶¶20

Detailed headnote1 paragraphs

Connected civil writ petitions (CWP-18238-2019 – Shri Shiv Shankar Nandi Shala (Regd.); CWP-434-2020 – Gaushala Shivala Lal Ram Kishan Sood Society Moga) v. State of Punjab and others, concerning exemption from payment of electricity charges by Gaushalas, disposed of by Suvir Sehgal, J. (Oral) on 05.08.2025. None appeared for the petitioners. State counsel referred to Memo No. 44 dated 03.04.2025 (signed by Chairman-cum-Managing Director, PSPCL and Chief Secretary, Govt. of Punjab; text reproduced in the judgment) recording that 366 Gaushalas in Punjab, including those managed by the petitioners, stand identified/verified for exemption from payment of electricity charges; monthly electricity bills are to be adjusted against Cow Cess collected by PSPCL after issuance of the Gazette Notification, with ex-post-facto approval for adjustments up to 31.07.2023 made pursuant to Council of Ministers decisions dated 01.01.2022, 18.11.2022 and 29.07.2023. Counsel for respondents No.2 and 3 pointed out that the CWP-18238-2019 petitioner's temporary connection No. Y51-GT510483F (disconnected at his request) and sanctioned connection Account No.3002953103 (load 19.054 KW) are not among the identified/verified accounts. The Court granted liberty to that petitioner to approach the competent authority for exemption by producing all relevant documents and disposed of both petitions.

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CWP-18238-2019 and other connected case -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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(101)

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CWP-18238-2019 Date of decision:- 05.08.2025

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Shri Shiv Shankar Nandi Shala (Regd.)

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…Petitioner

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V/S

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State of Punjab and others

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…Respondents CWP-434-2020 Gaushala Shivala Lal Ram Kishan Sood Society Moga …Petitioner V/S State of Punjab and others …Respondents

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CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

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Present:- None for the petitioner.

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Mr. Vikas Arora, Deputy Advocate General, Punjab.

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Mr. Jasdeep S. Gill, Advocate (through VC) and Mr. Harshjit Singh, Advocate for respondents No. 2 and 3 (CWP-434-2020).

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Mr. Dhruv Walia, Advocate for respondents No.2 and 3 (CWP-18238-2019).

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SUVIR SEHGAL, J. (Oral)

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There is no representation on behalf of the petitioner.

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Similar was the position on the previous occasion.

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PARDEEP NAUTIYAL 2025.08.08 17:23 I attest to the accuracy and authenticity of this order/judgment

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CWP-18238-2019 and other connected case -2-

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State counsel has made a reference to Memo No. 44, dated 03.04.2025, to submit that the Gaushalas in the State of Punjab including Gaushalas managed by the petitioners, have been identified/verified for exemption, from payment of electricity charges. The text of the memorandum is reproduced hereunder:-

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“Memo No.O/o No. 44

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Dated: 03/04/2025

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1. Shri Gopal Gau Dham Charitable Trust (Regd.)

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2. Maat Pita Gau Dham Trust (Regd.)

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3. Nabha Gaushala Committee, Village Wazidpur

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4. Gaushala Committee (Regd.)

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5. Nabha Gaushala Committee, Village Wazidpur

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6. Shri Gaushala Committee (Regd.)

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7. Govardhan Gaushala (Regd.)

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8. Shil Govind Godham Sewa Sewa Samiti (Regd.)

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…Petitioners.

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State of Punjab and others

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…Respondents.

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Sub: Order dated 12.10.2018 in CWP 20127/2018 (O&M), CWP 21305/2018 (O&M), CWP 21412/2018 (O&M), CWP 23137/2018 (O&M), CWP 21442/2018 (O&M), CWP 22376/2018 (O&M), CWP 21272/2018 (O&M) & CWP 24397/2018 (O&M) - Sh. Gopal Gau Dham Charitable Trust (Regd.) & other connected matters V/s State of Punjab and Ors.

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SPEAKING ORDER

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The Punjab State Power Corporation Ltd. vide Commercial Circular No 10/2016 dated 28.03.2016 issued instructions to provide free electricity to 366 nо identified/verified Gaushalas of Punjab. The said facility was withdrawn by PSPCL vide Commercial Circular No 41/2018 dated 19.06.2018 and instructions were issued to recover the outstanding amount on account of free supply given to Gaushalas of Punjab as per CC No. 10/2016, from respective consumers.

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Being aggrieved, the Petitioners appealed before the Hon'ble High Court Chandigarh and filed number of Civil Writ Pelitions. The aforesaid eight CWPs were disposed of by the Hon'ble Punjab and Haryana High Court Chandigarh vide its order dated 12.10.2018, with a direction that a Committee comprising the Chief Secretary, Punjab and Chairman of PSPCL shall look into the matter

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PARDEEP NAUTIYAL 2025.08.08 17:23 I attest to the accuracy and authenticity of this order/judgment

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CWP-18238-2019 and other connected case

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-3-

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and take appropriate decision. And further to ensure that recovery of pending dues shall not be affected, and supply of electricity shall not be disconnected till the decision is taken by the concerned authorities.

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In compliance to the above Order of Hon'ble High Court Chandigarh, PSPCL issued instructions vide Commercial Circular No. 01/2019 dated 11.01.2019 not to recover the pending dues from the Gaushalas and supply of electricity of these Gaushalas not be disconnected along with not to transfer the Cow Cess so collected to the Local Govt. offices till further decision.

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After that as per decision of Council of Ministers, Govt. of Punjab dated 01.01.2022, 18.11.2022 and 29.07.2023, the defaulting amount against electricity bills pending upto 31.12.2021. 30.09.2022 and further up to 31.07.2023 respectively against all said 366 no. Gaushalas in Punjab has been adjusted by PSPCL from the amount of Cow Cess collected and lying with PSPCL.

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Now, it has been decided that the monthly bill amount for the electricity consumed by above said Gaushalas shall be adjusted on monthly basis against the Cow Cess collected by PSPCL, after the issuance of Gazetted Notification of GoP.

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Further, it has been also decided that the necessary approval shall be taken by Department of Animal Husbandry for the issuance of Gazette Notification of GoP in this regard. The Notification should include the following-

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1) Ex-Post Facto approval for the Cow Cess already adjusted by PSPCL against the defaulting amount of 366 nos. Gaushalas upto 31.07.2023 as per the decision of Council of Ministers, Govt. of Punjab dated 01.01.2022, 18.11.2022 and 29.07.2023.

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2) Approval for the adjustment of defaulting amount of 366 nos. Gaushalas pending from 01.08.2023 till the date of issuance of the Gazette Norification against the Cow Cess collected by PSPCL.

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3) Approval for the monthly adjustment of electricity bills of 366 nos. Gaushalas from the Cow Cess amount collected and lying with PSPCL, from the date of issue of Gazetted Notification of GoP. The Cow Cess collected viz-a-viz amount of Cow Cess adjusted against the electricity bills shall be reconciled at the end of the financial year and the balance Cow Cess (if any) shall be transferred to the Department of Animal Husbandry by PSPCL.

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Sd/-

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Chairman-cum-Managing Director, PSPCL, Patiala

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Sd/-

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Chief Secretary, Govt. of Punjab. Chandigarh.”

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PARDEEP NAUTIYAL 2025.08.08 17:23 I attest to the accuracy and authenticity of this order/judgment

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CWP-18238-2019 and other connected case -4-

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At this stage, it has been pointed out by Mr. Dhruv Walia, Advocate, counsel for respondents No.2 and 3 that the petitioner (CWP-18238-2019) had a temporary connection bearing No. Y51-GT510483F, which was disconnected on the request of the petitioner and another connection bearing Account No.3002953103, with load of 19.054 KW was sanctioned. He has instructions to state that this is not one of the identified/verified account number.

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Be that as it may, liberty is granted to the petitioner in CWP-182382019, to approach the competent authority for exemption by producing all the relevant documents.

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In view of above, both the petitions are disposed of.

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05.08.2025 Pardeep

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(SUVIR SEHGAL) JUDGE

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Whether Speaking/Reasoned	Yes/No
Whether Reportable	Yes/No

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PARDEEP NAUTIYAL 2025.08.08 17:23 I attest to the accuracy and authenticity of this order/judgment

Procedural history

How this case reached the court

AI extract

Prior proceeding
Punjab State Power Corporation Ltd. (PSPCL) vide Commercial Circular No 10/2016 dated 28.03.2016 issued instructions to provide free electricity to 366 identified/verified Gaushalas of Punjab.¶¶37
Prior proceeding
The free-electricity facility was withdrawn by PSPCL vide Commercial Circular No 41/2018 dated 19.06.2018, with instructions to recover outstanding amounts on account of free supply from the respective consumers.¶¶37
Prior proceeding
Eight CWPs filed by aggrieved Gaushala petitioners (CWP 20127/2018 (O&M) and seven connected matters) were disposed of by the Punjab and Haryana High Court vide order dated 12.10.2018, directing a Committee comprising the Chief Secretary, Punjab and Chairman of PSPCL to look into the matter and take appropriate decision.¶¶38
Prior proceeding
The order dated 12.10.2018 further ensured that recovery of pending dues shall not be affected and supply of electricity shall not be disconnected till decision by the concerned authorities.¶¶42
Prior proceeding
In compliance, PSPCL vide Commercial Circular No. 01/2019 dated 11.01.2019 instructed not to recover pending dues from the Gaushalas, not to disconnect their electricity supply, and not to transfer Cow Cess so collected to Local Govt. offices till further decision.¶¶43
Prior proceeding
Pursuant to decisions of the Council of Ministers, Govt. of Punjab dated 01.01.2022, 18.11.2022 and 29.07.2023, defaulting amounts against electricity bills pending up to 31.12.2021, 30.09.2022 and further up to 31.07.2023 of all 366 Gaushalas in Punjab were adjusted by PSPCL from the Cow Cess collected and lying with it.¶¶44
Prior proceeding
It was decided that the monthly bill amount for electricity consumed by the said Gaushalas shall be adjusted on monthly basis against the Cow Cess collected by PSPCL, after issuance of the Gazette Notification of the Government of Punjab.¶¶45
Prior proceeding
The Gazette Notification (for which necessary approval was to be taken by the Department of Animal Husbandry) was to include ex-post-facto approval for Cow Cess already adjusted up to 31.07.2023, approval for adjustment of dues pending from 01.08.2023 till issuance of the notification, and approval for monthly adjustment of electricity bills of the 366 Gaushalas from Cow Cess, with year-end reconciliation and transfer of balance Cow Cess to the Department of Animal Husbandry.¶¶49
Prior proceeding
Memo No. 44 dated 03.04.2025 (signed by Chairman-cum-Managing Director, PSPCL, Patiala and Chief Secretary, Govt. of Punjab; text reproduced in the judgment) recording the exemption/adjustment framework was referred by State counsel during the hearing.¶¶20
Prior proceeding
There was no representation on behalf of the petitioner on the date of hearing; the position was similar on the previous occasion.¶¶16
Prior proceeding
Counsel for respondents No.2 and 3 pointed out that the petitioner in CWP-18238-2019 had a temporary connection bearing No. Y51-GT510483F, disconnected at the petitioner's request, and another sanctioned connection bearing Account No.3002953103 with load of 19.054 KW; he had instructions to state that this is not one of the identified/verified account numbers.¶¶56

Shri Shiv Shankar Nandi Shala (Regd) v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Shri Shiv Shankar Nandi Shala (Regd) v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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