Jharkhand High Court
Jharkhand State Electricity ... vs M/S K.Y.S. Manufacturers & ... on 20 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 1837 of 2008
........
Jharkhand State Electricity Board .... ..... Petitioner
Versus
M/s K.Y.S. Manufacturers & Exporters (P) Ltd.
.... ..... Respondent
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Petitioner : Mr. Mrinal Kanti Roy, Advocate.
For the Respondent :
........
09/20.09.2021.
It appears that the writ petition has been filed on 05.04.2008
for quashing / setting aside the order / judgment dated 28.02.2008
passed by Electricity Ombudsman, Jharkhand in Case No.
EOJ/16/2007.
The writ petition was listed before the Coordinate Bench of
this Court on 03.11.2009, when three weeks' time as prayed by the
petitioner was allowed. Thereafter, the matter was listed on
10.11.2009, when three weeks' time as prayed by the petitioner was
again allowed. Thereafter, the matter was listed on 07.12.2009, when
four weeks' time as prayed by the petitioner was also allowed.
Thereafter, in terms of order dated 21.12.2012, the Coordinate
Bench of this Court has directed to issue notice upon the respondent
under ordinary process, for which requisites etc. must be filed within
one week after vacation, failing which the application shall stand
rejected without further reference to the Bench.
Office note reveals that service report has not been received
and in absence of service report, the Coordinate Bench of this Court
has further directed for issuance of notice upon the respondent at his
present and correct address in terms of order dated 09.12.2020
passed by Coordinate Bench of this Court, for which requisites etc.
must be filed within six weeks, but it appears that till date, requisites
etc. for issuance of notice upon respondent has not been filed by the
petitioner-JSEB.
Under the aforesaid circumstances, let an affidavit be filed by
the Chairman-cum-Managing Director, Jharkhand Urja Vikash
Nigam Limited, that if this is the conduct of the Electricity Board in
pursuing the matter, where the Law Officers are not complying the
order passed by Coordinate Bench of this Court dated 09.12.2020,
why the Electricity Board is pursuing such matters just to delay the
final outcome of any litigation ?
The affidavit must be filed within a period of two weeks
explaining that what action has been taken against the Law Officers
for their laches in pursuing the matter.
Learned Registrar General of this Court is also directed to
ensure that if notice is issued under ordinary process, service report
must be received within the stipulated time. If there is no standard
operating procedure, it is incumbent upon the learned Registrar
General to ensure that there must be a standard operating procedure
and the service report of all notices issued under the ordinary process
must be received and if the same is not received, reminder must be
issued to the Civil Court(s) for the same.
Let a report be called for from the learned Registrar General in
this regard.
Put up this case after two weeks.
(Kailash Prasad Deo, J.)
Sunil/-
