Punjab-Haryana High Court
Sub Divisional Officer, City, Sub ... vs M/S Bharti Research Breeding Farm on 25 November, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:154870
CR-6699-2024 (O&M) [1]
119
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-6699-2024 (O&M)
Date of decision: 25.11.2024
Sub Divisional Officer ...Petitioner
Versus
M/s Bharti Research Breeding Farm ...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. B.R. Mahajan, Sr. Advocate with
Mr. Arvind Seth, Advocate for the petitioner.
Mr. R.N. Lohan, Advocate for respondent.
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VIKAS BAHL, J. (ORAL)
1. This is a revision petition filed under Article 227 of the
Constitution of India for quashing/setting aside the impugned order dated
30.08.2024 (Annexure P-1) passed by the Additional District Judge, Jind,
whereby in the appeal filed by the petitioner/appellant, directions have been
issued to the petitioner/appellant to restore the electricity connection of the
respondent/plaintiff.
2. On 18.11.2024, this Court had passed the following order:-
"Present: Mr.B.R. Mahajan, Senior Advocate with
Mr.Arvind Seth, Advocate for the petitioner.
***
Inter alia contends that in the present case the electric
connection to the premises of the respondent-plaintiff was
disconnected on 26.09.2019 in view of non-payment of the
electricity bills. It is submitted that in spite of the same, the trial
court vide judgment dated 15.02.2024 had granted injunction to
the respondent-plaintiff restraining the present petitioner-
department from disconnecting the electricity, although the same
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had already been disconnected. It is further submitted that against
the said judgment, an appeal has been filed by the present
petitioner and along with the said appeal, an application for stay
(Annexure P-4) has also been filed and in the said appeal as well
as in the application, notice has already been issued and the case
is now listed for 26.11.2024 for arguments. It is stated that without
deciding the said stay application filed by the defendant, the
interim order dated 30.08.2024 directing the present petitioner to
restore the electricity connection with immediate effect has been
passed. It is submitted that the present petitioner has an arguable
case and at any rate, the electricity connection was disconnected
prior to passing of the decree and thus, the interim order would in
effect be going beyond the relief which even the trial Court could
have granted. It is submitted that at least, the application for stay
by the present petitioner be considered, prior to grant of any relief
to the respondent. It has been fairly submitted that in case, the stay
application of the present petitioner and the main appeal of the
present petitioner itself are dismissed, then, the department would
implement the impugned order.
Notice of motion for 25.11.2024.
Liberty is granted to the present petitioner to serve the
respondent through dasti process as well as through the counsel in
the Ist Appellate Court.
Till the next date of hearing, the operation of the impugned
order shall remain stayed.
To be shown in the urgent list."
3. Learned Senior Counsel for the petitioner as well as learned
counsel for the respondent have jointly brought to the notice of this Court that
the main appeal itself is now listed for 26.11.2024 and have jointly prayed that
the First Appellate Court be directed to decide the said appeal as expeditiously as
possible.
4. Learned counsel for the respondent has submitted that in case the
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appeal of the appellant is dismissed then they should immediately restore the
electricity connection.
5. With the consent of both the parties, the present revision petition is
disposed of in the following observations/directions:-
i) The First Appellate Court is requested to decide the appeal filed against
the judgment and decree dated 15.02.2024 as expeditiously as possible,
preferably within a period of one month from 26.11.2024.
ii) Till the time the said appeal is decided, the interim order passed on
18.11.2024 would continue. The grant of the said interim order should not
be construed as an expression of the opinion on the merits of the case and
it would be open to both the parties to raise all the points in appeal as are
available to them in accordance with law and the First Appellate Court
would independently decide the case.
iii) In case the appeal filed by the petitioner/appellant is dismissed then the
petitioner/appellant would be bound to release the electricity connection
within a period of 10 days from the date of passing of the said order and
same would be subject to the petitioner laying further challenge to the
judgment of the First Appellate Court. It is however clarified that the
release of the electricity connection would not be delayed beyond the
period of said 10 days even in case the petitioner chooses to further
challenge the judgment of the First Appellate Court.
6. All the pending miscellaneous applications, if any, shall stand
disposed of in view of the abovesaid order.
25.11.2024 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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