Mohd. Sadique Andn Others vs The Punjab State Electricity … on 1 April, 2009

In the High Court of Punjab and Haryana at Chandigarh


Civil Revision No. 1835 of 2009

Date of decision: April 01, 2009


Mohd. Sadique andn others
                                                           .. Petitioners

                   Vs.

The Punjab State Electricity Board and others
                                                           .. Respondents


Coram:       Hon'ble Mr. Justice A.N. Jindal

Present:     Mr. Mohd. Salim, Advocate for the petitioners.

A.N. Jindal, J
             The plaintiff filed the suit for restraining the Punjab State
Electricity Board (herein referred as 'the respondent') not to shift the electric
transformer on their land. Both the courts below declined to grant the
injunction. The learned Appellate Court in its order has observed that the
petitioners have not shown having any residence in the suit land and they
have also failed to show if any inconvenience is caused to them by shifting
the transformer from plot of Nahar Singh to their land. Thus, the plaintiffs
have no prima facie case. Learned counsel has also contended that the
respondents in violation of the commercial circular No.07 of 2006 are
shifting the electric transformer.
             Since both the courts below have declined the injunction and
the order does not suffer from any jurisdictional error, as such, no
interference in the impugned order is called for.
             In this regard, I rely upon the judgment delivered by the Apex
Court in case Southern Sales & Services & others vs. Sauermilch Design
& Handels GMBH, 2008 (4) RCR (Civil) 729 observed as under :-


             "16. As has been pointed out by Mr. Sharma, it is now well
             established as a principle of law that even if a wrong order is
             passed by a Court having jurisdiction to pass an order in such
             cases, the revisional Court will not interfere with such an order
 Civil Revision No. 1835 of 2009                               -2-

                                    ***

unless a jurisdictional error is pointed out and established by
the person who questions such order.”

Under the circumstances, the instant petition sans merit and is
dismissed.

April 01, 2009                                          (A.N. Jindal)
deepak                                                        Judge