Punjab-Haryana High Court
Punjab State Power Corporation Limited ... vs Amandeep Singh on 23 April, 2015
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No.3737 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
253
Civil Writ Petition No.3737 of 2014
Date of Decision: April 23, 2015
Punjab State Power Corporation Limited and others
...Petitioners
Versus
Amandeep Singh and another
...Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. B.S. Taunque, Advocate
for the petitioners.
None for the respondents.
AUGUSTINE GEORGE MASIH, J. (ORAL)
It is the contention of the counsel for the petitioners that the award passed by the Permanent Lok Adalat for Public Utility Services, Faridkot dated 28.01.2013 (Annexure P-1) is without any jurisdiction and, therefore, cannot be sustained. He submits that the Permanent Lok Adalat is not vested with the jurisdiction to determine the issue as the respondents have been found indulging in theft of electricity and for which there is appropriate remedy under the statute. He has placed reliance upon the judgment passed by this Court in Civil Writ Petition No.15748 of 2011 titled as Punjab State Power Corporation Ltd. Versus Vikas Mittal, Director, J.P. Agri. Solutions Pvt. Ltd. and another, decided on 31.07.2012.
Notice of motion was issued in this case but despite service, none has put in appearance on 11.11.2014. Today also, neither any reply has been filed nor there is any representation on behalf of the respondents.
I have considered the submissions made by the counsel for the PUNEET SACHDEVA 2015.04.24 12:14 I attest to the accuracy and integrity of this document CWP No.3737 of 2014 2 petitioners and have gone through the impugned award. It is apparent that the matter related to theft of electricity, which was agitated before the Permanent Lok Adalat for Public Utility Services, Faridkot. In the light of the judgment passed by this Court in Civil Writ Petition No.15748 of 2011 referred to above, the impugned award cannot sustain, as the same is without jurisdiction.
In view of the above, the present writ petition is allowed. The impugned award dated 28.01.2013 (Annexure P-1) is hereby set aside.
April 23, 2015 (AUGUSTINE GEORGE MASIH)
Puneet JUDGE
PUNEET SACHDEVA
2015.04.24 12:14
I attest to the accuracy and
integrity of this document