Raja Singh v. Union of India and Others
Case brief
What is this about?
High Court of Uttarakhand disposed the petition by adopting the order in a connected case (WP No. 10 of 2013) staying electric disconnection for three months on humanitarian grounds due to winter, despite lack of counter affidavit, requiring payment of dues.
What did the court decide?
awaited
What the court decided
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 11 of 2013 (M/S)
….. Petitioner Raja Singh S/o Shri Mohar Singh Versus Union of India and others ..… Respondents
Mr. S.S. Chaudhary, Advocate for the petitioner. Mr. Subhash Upadhyaya, Standing Counsel for the State. Mrs. Farida Siddiqui, Advocate for respondent No.1. Mr. D.S. Patni, Advocate for respondent Nos. 4 and 5.
Hon’ble Kalyan Jyoti Sengupta, J.
No separate judgment may be delivered as both the learned counsel for the parties submits that on identical fact and issues, this Court has decided the matter by delivering judgment on 3rd January, 2013 in Writ Petition No. 10 of 2013 (M/S), Anil Kumar and others Vs. State of Uttarakhand and others . The said judgment is squarely applicable to this case also. The said judgment is set out as hereunder:-
“This writ petition is admitted, however, having regard to the nature of relief claimed herein, no counter affidavit is required to be filed. The respondents Corporation has served notice upon the petitioners for disconnection of electric supply line. The petitioners and each of them are residents of village Veerpur, Tehsil Mevala Kalan, District Moradabad which falls within the territory of State of U.P. The petitioners and each of them are consumers before bifurcation of the State of U.P. The respondents had been and still have been supplying electric energy to the petitioners. When the petitioners became consumer of the respondents they were the residents of undivided State of U.P. After bifurcation, the respondents now situate in the State of Uttarakhand. Obviously, the respondents cannot serve the consumers who are not the resident of this State as net-work of electric supply cannot be extended beyond the territory of this State.
Issues for consideration
3 issues framed by the court
Whether the corporation can legally serve notice for disconnection without a counter affidavit and whether timing is equitable.
Whether electric supply disconnection during severe winter endangers life and livelihood requiring a stay.
Whether petitioner must discharge legitimate dues before obtaining supply extension.
Parties & counsel
- petitioner
Raja Singh
- respondent
Union of India and others
Coram
Kalyan Jyoti Sengupta
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · January
- Registered
- Case no.
- WPMS/11/2013
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