In CWP-20060-2018(O&M)-PUNJ HC- P&H HC  directs UHBVN to issue new electricity connection in petitioner’s premises subject to her depositing requisite expenses/charges as required for release of connection and agreeing to timely deposit energy bills
Justice Vinod S. Bhardwaj [23-08-2022]

Read Order: VANITA JAIN V. UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND OTHERS

Monika Rahar

Chandigarh, August 24, 2022: The High Court of Punjab and Haryana has allowed a writ petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents for the issuance of new electricity connection in the premises of the petitioner which was being delayed in violation of the mandate of the Electricity Act, 2003 and the Haryana Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2014 framed thereunder. 

The Bench of Justice Vinod S. Bhardwaj held, “… Respondent parties are directed to release /restore the electricity connection to the premises i.e. Godown/Shop No.15/1, Industrial Area, Panipat in favour of the petitioner, subject to the petitioner depositing the requisite expenses/charges as required for release of the connection and her agreeing to continually deposit the energy bills within a period of 30 days.”

Essentially, an application was filed before the respondent-Nigam for connection of 3 KW (connected load), for which necessary procedural compliance was also made by the petitioner. The husband of the petitioner was tried for an offence under Section 135 read with Section 152 of the Indian Electricity Act. Later he was convicted and sentenced to undergo three years of imprisonment and to pay fine to the tune of Rs. 4,65,999/- i.e. three times of the amount as assessed by the trial Court towards loss to the State Exchequer.

Aggrieved, the petitioner’s husband filed an appeal in which a stay of recovery of fine beyond Rs. 1,55,333 was granted. An amount of Rs. 1,55,333 was deposited by the husband of the petitioner. The electric connection remained in the name of the original owner. Since the husband of the petitioner was using the premises, therefore, the penalty in question was imposed upon him.

The stand of the Department was that the imposition of penalty to the tune of Rs.1,55,333/- was on account of some typographical error. Infact an amount of Rs.15,33,331/- was the exact loss caused to the State Exchequer for which husband of the petitioner was liable to make good the loss in question.

Precisely for the aforesaid clarification, an application for clarification/modification of judgment/order passed by the trial Court was filed by the Department. The said application was rejected by the Addl. Sessions Judge, Panipat on the ground that the application in question did not fall within the parameters of Section 362 Cr.P.C. The mistake, if any, committed by the predecessor Court could only be rectified in appeal. Admittedly, the appeal was pending in the High Court.

Perusal of the record also showed that the petitioner was not privy to any such proceedings for which the amount in question was levied towards penalty. Since the property in question was purchased in the name of the petitioner and petitioner was the owner of the premises in question, therefore, the arrears of electricity bills as stood against the original owner was sought to be recovered from the petitioner through her husband, who was convicted and sentenced by the trial Court.

For the release of new electric connection, the petitioner was willing to undertake to pay the entire dues subject to the final decision of the pending appeal.

The counsel for the petitioner prayed that in view of the undertaking so filed by the petitioner and subject to the petitioner depositing all other statutory charges and the running energy bills, the electricity connection be released/restored to the premises of the deponent. The counsel for the respondents did not have any objection to the above.

Thus, the respondents were directed to release /restore the electricity connection to the premises i.e. Godown/Shop No.15/1, Industrial Area, Panipat in favour of the petitioner, subject to the petitioner depositing the requisite expenses/charges as required for release of the connection and her agreeing to continually deposit the energy bills within a period of 30 days.

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