Item No.31
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.128 of 2020 & W.P.No.14558 of 2019
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant (respondent No.4 in W.P.No.14558 of 2019) is
aggrieved by an interim order dated 22.01.2020, passed by the learned Single Judge in I.A.No.1 of 2019, moved by the respondent No.1/writ petitioner for seeking directions to the respondents No.2 to 4 (respondents No.1 to 3 in W.P.No.14558 of 2019) to restore power supply to his premises which as per him, was disconnected without following the due process.
2. By the impugned order, the learned Single Jude has permitted the respondents/Electricity Department to initiate appropriate action against the respondent No.1/writ petitioner and disconnect his power supply after following the due process of law, by giving him an opportunity of hearing.
3. We are informed by learned counsel for the respondent No.1/writ petitioner that the electricity connection at his client's premises was restored by the Department but thereafter, no action has been initiated by the Department against him.
4. In our view, nothing further survives for adjudication in the writ petition filed by the respondent No.1/writ petitioner, who had challenged the action of the respondents/Electricity Department in disconnecting the electricity connection at his premises and had W.A.No.128 of 2020&W.P.No.14558 of 2019 Page 1 of 2 sought restoration thereof. While passing the impugned order, the learned Single Judge has granted liberty to the Department to initiate appropriate action against the respondent No.1/writ petitioner in the event he has obtained the electricity connection by playing a fraud and follow the due process of law after affording him an opportunity of hearing. The learned Single Judge has also clarified that the aforesaid order will not be an impediment for the parties to proceed further in the civil disputes pending between them.
5. In view of the above, it is deemed appropriate to dispose of the present appeal as also W.P.No.14558 of 2019 while confirming the interim order dated 22.01.2020, with directions issued to the Department to issue a notice to the respondent No.1/writ petitioner and the appellant herein within two weeks from today, calling upon them to furnish their versions. After considering the explanation of both parties, a speaking order shall be passed under intimation to them. If either side is aggrieved, they may seek legal recourse, as may be advised.
6. Both, the present writ appeal and the captioned writ petition are accordingly disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 20.07.2021 JSU/PLN W.A.No.128 of 2020&W.P.No.14558 of 2019 Page 2 of 2