Punjab-Haryana High Court
New Sen Sec School Managing Committee ... vs Punjab State Power Corpn Ltd And Others on 27 February, 2026
Author: Suvir Sehgal
Bench: Suvir Sehgal
CWP-5826-2026 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(123) CWP-5826-2026 (O&M)
Date of decision:- 27.02.2026
NEW SEN SEC SCHOOL, MANAGING COMMITTEE, CIVIL LINES,
LUDHIANA THROUGH ITS PRESIDENT SUNNY MADIA
... Petitioner
Versus
PUNJAB STATE POWER CORP. LTD AND OTHERS
... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. A.P.S. Deol, Senior Advocate with
Mr. Himmat Singh Deol, Advocate
for the petitioner.
Mr. Rahul Sharma, Senior Advocate and
Mr. Shrome Garg, Advocate
for the respondents.
*****
SUVIR SEHGAL, J. (ORAL)
1. On 19.02.2026, this Court passed the following order in the connected matter i.e. CWP-5247-2026:-
"Learned senior counsel for the petitioner states that an appeal has been filed challenging the final order of assessment dated 16.01.2026, Annexure P-7, passed under Section 126 of the Electricity Act, 2003. He states that petitioner has deposited 50% of the assessed amount and by order dated 09.02.2026, Annexure P-9, appellate authority has directed restoration of electric supply to the premises of the petitioner. Counsel submits that despite sending a 1 of 4 ::: Downloaded on - 03-03-2026 23:05:26 ::: CWP-5826-2026 (O&M) 2 representation dated 10.02.2026, Annexure P-10, electricity supply has not been restored and appeal has not been fixed for hearing.
Advance copy of the petition has been served upon the respondents.
Mr. Sangam Garg, Advocate and Mr. Pradeep Sharma, Advocate put in appearance on behalf of the respondents. They do not have any instructions in the matter, except to state that another school run by the same managing committee is in a writ petition before this Court challenging orders passed under Section 126/127 of the Electricity Act, 2003.
Be that as it may, it seems that as an order has been passed by the appellate authority for restoration of the electricity connection, let the respondents get instructions from the competent authority regarding reconnection and apprise this Court on the next date.
List on 24.02.2026."
2. On 24.02.2026, an objection was raised on behalf of PSPCL that the electricity connection is in the name of Head Master and notices have also been issued in the said name but the petition is being filed by a different entity. An affidavit dated 24.02.2026 of Mr. Sunny Madia, President of Managing Committee of petitioner-school has been filed, which is taken on record. It has been explained that school was initially established under the name "New High School" and thus the electricity connection is in the name of "M/s Head Master School, NH School, Ludhiana". It has been deposed that school was later on upgraded to senior secondary level and school has been renamed as "New Sr. Sec. School" with the same electricity connection.
3. This Court is satisfied with the explanation given by petitioner.
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4. Mr. APS Deol, Senior Advocate, states that since the statutory appeal is pending and 50% of the demand raised by the respondents has been deposited, which is a condition precedent for entertaining of the appeal under Section 127 of the Electricity Act, 2003, electricity deserves to be restored to petitioner's premises. Strength has also been drawn by him from interim order dated 24.02.2026, passed by this Court in CWP-5036-2026, titled as New Senior Secondary School and Another V/s. Punjab State Power Corporation Limited and Another, which is being run by the same management, to contend that no notice for stoppage of unauthorized use of electricity has ever been served upon the petitioner before disconnecting the supply. He has pointed out that the annual board examinations are starting from 05.03.2026.
5. Countering him, Mr. Rahul Sharma, learned Senior counsel for the respondents states that a notice bearing No.443 dated 26.02.2026 has been served upon the petitioner in the morning today before the Court hours. He asserts that till the time petitioner does not stop the unauthorized usage of electricity, school is not entitled to the restoration of electricity connection.
6. Having heard counsel for the parties, this Court is of the view that as no notice was ever issued to the petitioner before carrying out the disconnection, electricity supply cannot be disrupted. Respondent-authorities can issue notice for stoppage of unauthorized use of electricity only when the electricity connection is running.
7. In view thereof, respondents are directed to restore electricity supply to petitioner's premises on or before 04.03.2026. Liberty is granted to the 3 of 4 ::: Downloaded on - 03-03-2026 23:05:27 ::: CWP-5826-2026 (O&M) 4 respondents to proceed in accordance with law and take appropriate action as provided under the provisions of the Electricity Act, 2003, after re-connecting the supply.
8. Writ petition is disposed of.
9. Pending applications shall stands disposed of.
(SUVIR SEHGAL)
JUDGE
27.02.2026
parul verma
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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