Md. Shaheed Alam vs The State Of Bihar
2023 Latest Caselaw 2876 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3503 of 2022
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Md. Shaheed Alam son of Md. Nashir Resident of Mohalla- Boring Canal Road, Flat No.- 43, Ashray Kathma Apartment, Raj Ji Ki Gali, Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Energy Department, Government of Bihar, Patna.

2. The General Manager, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna- 1.

3. The Managing Director, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna- 1.

4. The Electric Executive Engineer, PESU, Electric Supply Division, Nutan Rajdhani, Patna.

5. The Assistant Engineer, Revenue Electric Supply Division, Nutan Rajdhani, Patna.

6. The Junior Engineer Electrical MLA Flat, Patna.

7. Bijay Pandey son of Late Ram Rekha Pandey Resident of Village-

Bishunpur, P.S.- Barahara, District- Bhojpur (Ara), Presently Residing at- Kunti Kunj, Budh Nagar, Road No.- 3, South Chandwari Road, Kankarbagh, Patna.

8. Arun Kumar Pandey son of Late Ram Rekha Pandey Resident of Village-

Bishunpur, P.S.- Barahara, District- Bhojpur (Ara), Presently Residing at- Kunti Kunj, Budh Nagar, Road No.- 3, South Chandwari Road, Kankarbagh, Patna.

... ... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Jai Kishore Sharma, Adv.

For the Respondent/s : Mr. Subhash Pd. Singh (Ga3) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 06-07-2023

Learned counsel for the petitioner has stated that the

cause in the present writ petition does not survive as the

Corporation has restored the power connection. Therefore, learned

counsel for the petitioner has stated that he is not pressing for the Patna High Court CWJC No.3503 of 2022 dt.06-07-2023

hearing of the case. But, the learned counsel appearing on behalf

of the respondent-landlords has vehemently opposed the above

said submission made by the counsel for the petitioner and stated

that the restoration of power is based on the interim orders passed

by this Court, wherein the petitioner was directed to deposit the

arrears of rent therefore, the petitioner is bound to pay the rent but

till date he has not paid the same. Learned counsel for the

respondent-landlords has further stated that the interm order of this

Court has also been confirmed by the Hon'ble Supreme Court.

That the petitioner is legally bound to pay the admitted rents due to

the respondent-landlords and the petitioner cannot be allowed to

withdraw the case and prayed this Court to pass orders on merit

duly taking into account the interim orders passed by this Court.

A perusal of the prayer sought for in the present writ

petition is that the petitioner is seeking the restoration of the power

connection which has been disconnected illegally by the

Corporation. This Hon'ble Court vide order dated 16.05.2023

passed in the present writ petition has ordered for reconnection to

be made. A perusal of the order dated 16.05.2023 passed in the

present writ petition shows that the same is a conditional order and

the said order has worked itself out, irrespective of the fact

whether the said order has been confirmed by the Hon'ble Patna High Court CWJC No.3503 of 2022 dt.06-07-2023

Supreme Court or not, the fact remains that the interim orders have

worked itself out.

It is already stated that the respondent-landlords have

approached the Civil Court for eviction of the petitioner and in

case the respondent-landlords have any grievance, they are free to

file an appropriate application in the pending suit for eviction for

deposit of the rents and on such application being made, the Court

shall consider the same on its own merit.

This Court is not inclined to entertain the prayer made

by the respondent-landlords and the writ petition is accordingly

dismissed as withdrawn.

(A. Abhishek Reddy, J) Ayush/-

AFR/NAFR                      NAFR
CAV DATE                       N/A
Uploading Date             07.07.2023.
Transmission Date              N/A