Om Parkash vs State Of Haryana And Others
2024 Latest Caselaw 6068 P&H

Punjab-Haryana High Court

Om Parkash vs State Of Haryana And Others on 18 March, 2024

                                       Neutral Citation No:=2024:PHHC:038860




             IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
122
                                       CWP-6403-2024 (O&M)
                                       Date of decision: 18.03.2024

Om Parkash                                                        ...Petitioner
                                   VERSUS

State of Haryana and others                                      ...Respondents

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present :-    Mr. Sandeep Kumar Yadav, Advocate for the petitioner.

              Mr. Vivek Saini, Advocate
              for respondents No.3 and 4-DHBVNL.

                              *****

VINOD S. BHARDWAJ, J. (Oral)

1. Prayer in the present petition is for quashing of notice dated

16.02.2024 (Annexure P-9) passed by respondent No.4-SDO/Op. City Sub-

Division whereby the petitioner has been called upon to submit a No

Objection Certificate (NOC) of co-sharer for installation of electricity

connection.

2. Learned counsel for the petitioner contends that the petitioner is

owner in possession of the land of 17 kanal 6 marla in Khewat No.338,

Khatoni No.393, Muraba No.79, Killa No.4 and had applied for electricity

connection for irrigation of his land in the year 2020. It is contended that the

respondents verified the claim of the petitioner as regards the ownership in

share of the land, a report in this regards was submitted by the Tehsildar,

Mohindergarh 01.04.2019. The petitioner further deposited the requisite

amount as demanded by the respondents. One of the co-sharers namely Surat

Singh has given his No Objection by way of an affidavit and that after the

1 of 2

Neutral Citation No:=2024:PHHC:038860

122 CWP-6403-2024 (O&M)

submission of the said affidavit, a dispute occurred with said Surat Singh

whereafter he filed an affidavit on 13.02.2024 to the Electricity Department

for raising an objection against releasing of electricity connection.

3. Learned counsel appearing on behalf of the respondent-

Distribution Licensee however submits that the petition has an efficacious

remedy to approach the Consumer Grievances Redressal Forum for release

of the electricity connection and that insofar as the aspect of seeking No

Objection Certificate from the other co-sharers is concerned, the said issued

has already been dealt with in the judgment dated 21.03.2023 passed in

CWP-26395-2017 titled as 'Jahid Hassan Vs. State of Haryana and

others'.

4. Faced with the situation, learned counsel for the petitioner

seeks withdrawal of the present writ petition so as to file an appropriate

application before the Consumer Grievances Redressal Forum for release of

the electricity connection.

5. The writ petition is accordingly disposed of as withdrawn with

liberty to the petitioner to pursue his alternate remedy in accordance with

law.

6. Needless to mention that in the event of the petitioner taking

recourse to the alternative remedy, an expeditious decision shall be taken on

the application/representation of the petitioner in accordance with law.

                                                 (VINOD S. BHARDWAJ)
18.03.2024                                               JUDGE
Mangal Singh
         Whether speaking/reasoned :     Yes/No
         Whether reportable        :     Yes/No




                                        2 of 2