High Court Punjab-Haryana High Court

Santokh Singh vs The Sub Divisional Officer on 8 May, 2009

Punjab-Haryana High Court
Santokh Singh vs The Sub Divisional Officer on 8 May, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                            CR No.2636 of 2009(O&M)
                                            Date of decision: 8.5.2009

Santokh Singh                                     ......Petitioner

                               Versus

The Sub Divisional Officer,
P.S.E.B and others                                ......Respondents
CORAM:-     HON'BLE MR. JUSTICE RAKESH KUMAR GARG

                        * * *

Present:    Mr. H.K.Verma, Advocate for the petitioner.

                        * * *


Rakesh Kumar Garg, J.(Oral)


This is plaintiff’s revision petition challenging the orders dated

13.9.2006 and 18.3.2009 passed by the Civil Judge (Jr. Division), Tarn

Taran and the Additional District Judge, Tarn Taran respectively, whereby

application filed by the petitioner under Order 39 Rules 1 and 2 CPC for

grant of ad interim injunction restraining the defendant-respondent from

disconnecting the electricity connection was dismissed.

As per the averments made in this petition, an Electric Power

Connection bearing account No.J-35/AP of 12.5 BHP was sanctioned and

released in the name of one Ganda Singh son of Lehna Singh which was

later on got stipulated into two connections on 28.3.1972. One connection

of 5 BHP bearing new account No.J-28-AP was given to Pal Singh in his

land bearing Khasra No.110/25(6-14) in the area of village Khadoor Sahib

and the second connection was running in the land of Sadhu singh since

then. Pal Singh was the father of the petitioner. After his death, the

aforesaid connection is being used by the petitioner. The electric

connection was still in the name of Ganda Singh as per the records of the
respondent. However, the electricity charges relating to the above-said

connection were deposited by the plaintiff. It is further the case of the

petitioner that the petitioner filed an application in the office of respondent

No.3 to transfer the electric connection in his name. However, no action

was taken by the respondents on his application. Instead the respondents

started threatening the petitioner to disconnect the above said connection

thus, compelling him to file the present suit. Along with the suit, the

petitioner also moved an application under Order 39 rules 1 and 2 CPC

praying therein that the defendant-respondents be restrained from

disconnecting the electricity supply to the electric connection of the

petitioner during the pendency of the suit. The aforesaid application of the

petitioner was dismissed by the Courts below.

Challenging the aforesaid orders, learned counsel for the

petitioner has vehemently argued that the Courts below have erred at law

while dismissing the application for grant of ad interim injunction as the

Local Commissioner in his report has submitted that the electric connection

of the petitioner was found running. Moreover, the petitioner was using

the electric connection in dispute since 1972 and in case the electricity is

disconnected, he shall suffer an irreparable loss and injury and thus, the

petitioner was entitled to the grant of ad interim injunction as prayed.

I have heard learned counsel for the petitioner.

After appreciating the pleadings and documents on the record,

the Courts below have found that the electric connection of the petitioner

was running in an unauthorized manner which was disconnected on

31.12.2005 and thus, the petitioner has no case for grant of ad interim

injunction. From the report of the Local Commissioner, it cannot be made

out that the electricity connection of the petitioner was running on the basis

of supply of electricity by the Department. Thus, the prayer of the petitioner
restraining the defendants from disconnecting the electricity connection

had already become infructuous even before the filing of the suit. The

judgment relied upon by the learned counsel for the petitioner in the case

of Om Parkash and others v. Ishwar Singh and others 2008(4) PLR 38

is distinguishable on the facts and circumstances of the present case. In

that case, the electric connection was not disconnected by the respondent-

Department.

Thus, for the aforesaid reasons, I find no merit in this revision

petition and the same is dismissed.

May 8, 2009                              (RAKESH KUMAR GARG)
ps                                              JUDGE