Rakesh Mahajan And Anr vs Punjab State Power Corporation ...
2021 Latest Caselaw 3067 P&H

CWP-21729-2021                                            1

118

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

          (Through video-conferencing)

                              CWP No.21729 of 2021
                              Date of Decision: 28.10.2021

RAKESH MAHAJAN AND ANR ......Petitioners
     Vs
PUNJAB STATE POWER CORPORATION LTD. AND ANR
                       .....Respondent

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Rajinder Sharma, Advocate
        for the petitioners.
           ****

RAJ MOHAN SINGH, J.(Oral)

Learned counsel for the petitioners submits that the

petitioners filed a suit for declaration to the effect that the

Bills/show cause notice dated 16.08.2018 under Section 135 of

the Electricity Act, 2003 issued by the respondents raising

demand of Rs.88,056/- is totally illegal and against the rules.

The suit was tried for two reliefs i.e. for declaration as well as

mandatory injunction. Declaration was declined whereas the suit

was partly decreed to the extent of granting mandatory

injunction. Respondents/defendants-therein were directed to

release the new electricity connection to the

petitioners/plaintiffs-therein for the premises in question on

completion of all requisite formalities like deposit of requisite

1 of 2

fee/charges as per Rules. The suit for relief of declaration was

dismissed. According to Section 154(5) of the Act, the civil

liability so determined by the Special Court shall be recovered

as if it were a decree of Civil Court.

Since declaratory relief has already been rejected by

the Civil Court, therefore, civil liability in the form of recovery

from the petitioners would be by means of execution of decree.

Even if specific decree is not drawn, the judgment is

enforceable.

Learned counsel for the petitioners submits that he has

already preferred an appeal against the impugned judgment and

order dated 17.12.2019 passed by the Special Court under the

Electricity Act, but the same has been returned by the Registry

with some objections.

After arguing this case for some, learned counsel for

the petitioner wishes to withdraw this petition with liberty to

pursue his remedy of appeal in accordance with the law.

Dismissed as withdrawn with the aforesaid liberty.

                                          (RAJ MOHAN SINGH)
October 28, 2021                                JUDGE
Atik
Whether speaking/reasoned                Yes/No
Whether reportable                       Yes/No




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