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2012 DIGILAW 45 (PNJ)

District Bar Association, Fatehabad v. State of Haryana

2012-01-09

ALOK SINGH

body2012
JUDGMENT Mr. Alok Singh, J.: (Oral) - Having heard learned counsel for the parties, it reveals that the electricity supply of the petitioner District Bar Association was disconnected on account of non-payment of the consumption charges. 2. Learned counsel appearing for respondents No.2 and 3 (Dakshan Haryana Bijli Vitran Nigam) states that they have absolutely no concern as to whether District Bar Association, Fatehabad shall pay the electricity charges for the consumption of the electricity in the Bar Room and Library or the same shall be paid by the High Court as held by the Division Bench of this Court in its order dated 30.5.2007 passed in CWP No. 2042 of 2007. He, however, states that they are concerned only with the payment of electricity charges. He further states that if the electricity charges are not paid, respondents No.2 and 3 are competent to disconnect the supply and the electricity supply of the petitioner was rightly disconnected by them. 3. Mr. Gaurav Chopra, learned counsel for respondents No.4 and 5 states that against judgment dated 30.5.2007 passed by the Division Bench of this Court, SLP is pending before the Hon’ble Apex Court. Therefore, respondents No.4 and 5 shall proceed with the matter of payment of electricity charges as per the final verdict of the Apex Court and till final decision comes, they are unable to make any payment. 4. The electricity connection was restored by respondents No.2 and 3 pursuant to the interim directions issued by this Court on 2.11.2010. 5. Learned counsel for respondents No.2 and 3 states that despite the restoration of the electricity supply, pursuant to the interim order passed by this Court, till date no energy charges have been paid by the petitioner. He has rightly stated that the petitioner is using the electricity, therefore, prima facie they are bound to make the payment to get the uninterrupted supply. 6. Since no electricity charges have been paid by the petitioner, therefore, disconnection seems to be justified. However, in a peculiar facts and circumstances of the present case and considering that connection has been restored pursuant to interim direction of this Court dated 2.11.2010, in the opinion of this Court petitioner must pay electricity bill subject to the judgment of the Apex Court. However, in a peculiar facts and circumstances of the present case and considering that connection has been restored pursuant to interim direction of this Court dated 2.11.2010, in the opinion of this Court petitioner must pay electricity bill subject to the judgment of the Apex Court. So far as second relief to direct respondent No.4 to make the payment of electricity charges of the petitioner is concerned, no order can be passed as of now, since the matter is pending before the Hon’ble Apex Court. 7. Petition is being disposed of with the direction that if petitioner, as an interim measure, pays 50% of the electricity dues within one month from today, electricity connection shall not be disconnected. The petitioner shall pay the remaining dues within next six months. Payment made by the petitioner to protect the connection shall be subject to the final decision of the Hon’ble Apex Court in an appeal against the judgment dated 30.5.2007 passed by this Court. 8. The petition stands disposed of accordingly. --------------