Pritam Singh Gandhi v. Chhattisgarh State Power Distribution Company Ltd. (C.S.P.D.C.L.)

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1238 of 2020

1. Surendra Singh Tuteja, S/o Late Inder Singh Tuteja, Aged About 60 Years, R/o Vastralok, Shastri Market, Bilaspur, Chhattisgarh Through Managing Director, Head Office Daganiya Raipur,

2. Assistant Engineer, C.S.P.D.C.L., Division Golbazar, District Bilaspur, ----- Respondents With WPC No. 1239 of 2020

1. Hotel Shiva International, Through Proprietor Kamal Kumar Saraf, S/o Late Narmada Prasad Saraf, Aged About 62 Years, A/a 62 Years, R/o Hotel Shiva International, C.M.D Chowk, Link Road, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

1. Chhattisgarh State Power Distribution Company Ltd. (C.S.P.D.C.L) Through Managing Director, Head Office Daganiya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Executive Engineer, C.S.P.D.C.L., Division Dayalband, District :

-2WPC No. 1240 of 2020

1. Dr. Alok Sultania, S/o Shri Purushottam Sultania, Aged About 40 Years, R/o Jarhabhata Mandir Chowk, Bilaspur, District : Bilaspur,

2. Rajesh Kumar Chandani, S/o Kanhaiya Lal Chandani, Aged About 36 Years, R/o Jarhabhata Mandir Chowk, Bilaspur, District : Bilaspur, ---- Petitioners Through Managing Director, Head Office Daganiya, District : Raipur,

2. Executive Engineer, C.S.P.D.C.L. Division Nehru Nagar, District : WPC No. 1241 of 2020

1. Amarjeet Singh Tuteja, S/o Late Balwant Singh Tuteja, Aged About 55 Years, R/o 34/185, Career Point Lane, Dayalband, District : Through Managing Director, Head Office Daganiya, District : Raipur,

2. Executive Engineer, C.S.P.D.C.L. Division Torwa, District : Bilaspur,

3. Executive Engineer, C.S.P.D.C.L, Division Nehru Nagar, District :

-3WPC No. 1242 of 2020

1. Ajay Hinduja, S/o Late Shri P.D. Hinduja, Aged About 38 Years, R/o Ruchi Sales, Shop No. EG-25, Rajiv Plaza, Opposite Navbharat Press, Bilaspur, District : Bilaspur, Chhattisgarh Through Managing Director, Head Office Daganiya, District : Raipur,

2. Executive Engineer, C.S.P.D.C.L. Division Dayalband, District : WPC No. 1243 of 2020

1. Santosh Kumar Gupta, S/o Late Devideen Gupta, Aged About 63 Years, R/o H 2/75, Narmada Nagar, Nehru Nagar Road, Bilaspur, District : Bilaspur, Chhattisgarh

2. Sudha Gupta, W/o Santosh Kumar Gupta, Aged About 60 Years, R/o H 2/75, Narmada Nagar, Nehru Nagar Road, Bilaspur, District : ---- Petitioners Through Managing Director, Head Office Daganiya, Raipur, District : Raipur, Chhattisgarh

2. Executive Engineer, C.S.P.D.C.L., Division Nehru Nagar, District :

3. Executive Engineer, C.S.P.D.C.L. Division Golbazar, District :

-4WPC No. 1244 of 2020

1. Kiranpal Singh Chawla, S/o Late Harbhajan Singh Chawla, Aged About 44 Years, R/o Chawla Chambers, Dayalband Bilaspur, District : Bilaspur, Chhattisgarh

1. Chhattisgarh State Power Distribution Company Ltd. (C. S. P. D. C. L) Through Managing Director, Head Office Daganiya Raipur, District : Raipur, Chhattisgarh

2. Assistant Engineer, C.S.P.D.C.L. Division Dayalband, District : WPC No. 1254 of 2020

1. Rajendra Singh Tuteja, S/o Late Balwant Singh Tuteja, Aged About 60 Years, R/o 34/185, Career Point Lane, Dayalband, District : Through Managing Director, Head Office Daganiya, Raipur, District : Raipur, Chhattisgarh

2. Executive Engineer, C.S.P.D.C.L., Division Torwa, District : Bilaspur, WPC No. 1280 of 2020

1. Deepak Likhmania, S/o Suresh Kumar Likhmania, Aged About 44 Years, R/o Harikishan Colony, Near PGBT College, Tarbahar, Bilaspur, District : Bilaspur, Chhattisgarh

2. Rajesh Gupta, S/o Lal Babu Gupta, Aged About 53 Years, R/o Harikishan Colony, Near PGBT College, Tarbahar, District : Bilaspur,

-53. Sunita Chhabra, W/o Vijay Chhabra, Aged About 55 Years, R/o Karan Chambers, Opposite Ashta Petrol Pump, Vyapar Vihar, District : Bilaspur, Chhattisgarh ---- Petitioners

1. Chhattisgarh State Power Distribution Company Ltd. ( C.S.P.D.C.L.) Through Managing Director, Head Office Daganiya, District : Raipur,

2. Executive Engineer, C.S.P.D.C.L., Division Dayalband, District : WPC No. 1619 of 2020

1. Pritam Singh Gandhi, S/o Sohanlal Gandhi, Aged About 57 Years

2. Smt. Harpreet Kaur Gandhi, W/o Pankaj Singh Gandhi, Aged About 28 Years, Both R/o Opposite Arrora Steels, Main Road, Dayalband, District : ---- Petitioners Through Managing Director, Head Officer Daganiya, Raipur, District : Raipur, Chhattisgarh

2. Executive Engineer, C.S.P.D.C.L., Shyam Talkies Division Golbazar, District : Bilaspur, Chhattisgarh

3. Executive Engineer, C.S.P.D.C.L., Division Dayalband, District : ----- Respondents For Petitioners :

Mr. Arvind Shrivastava, Advocate For Respondents :

None

-6Hon'ble Shri Justice P. Sam Koshy Order on Board 21.07.2020

1. Considering the fact that the facts, grounds and issue raised in all these writ petition are similar this court proceeds to decide/dispose all these writ petitions by a common order.

2. The grievance of the petitioners seems to be the alleged bills which have been raised by the Respondents upon the petitioners showing that there are arrears of bill unpaid on the part of the petitioners.

3. That all the petitioners in the present bunch of writ petitions have approached this Court seeking for a limited relief of a direction to the respondents to consider their respective representations that they have made, giving details of bills and previous payments made by them. According to the petitioners there is no arrears left for the petitioners to be paid, yet however, the respondents have raised a bill showing arrears.

4. The counsel for the petitioners undertakes that subject to verification of the records, if the petitioners are still found to pay certain arrears, each of the petitioners shall abide-by the orders passed by the respondents reserving their rights of challenging the same, if it is not acceptable to the petitioners. The learned counsel for the petitioners further submits that let the respondents continue accepting the regular bills, which are raised and meanwhile the representations which each of the petitioners made, so far as the objection pertaining to the arrears part is concerned, be decided at the earliest.

-7According to the counsel for the petitioners, all the bills which have been raised by the respondent-company till date have been duly cleared by each of the petitioners and the present bill showing arrears of payment was never before raised by the respondents nor have they clarified in-any-manner as to the details of the arrears part that is how much arrears was left unpaid for which of the months etc. and it is this information, which has been sought for by the petitioners through their representations.

5. The contention of all the petitioners are that they have never ever defaulted in the payment of the bills that have been raised by the respondents hence they are surprised to get a bill now showing huge amount of arrears.

6. All that the demand of the petitioners are that as of now let the respondent no.2 provide the details of the arrears so as to get the same verified and crossed checked from their records before making the payments.

7. Considering the total facts and circumstances of the case, this Court is of the opinion that the entire writ petitions itself can be disposed off with a direction to the Respondent No. 1 and 2 to immediately process the representations that have been filed by the petitioners and, the respondent no. 2 may also provide the details of the calculation; so far as the arrears of unpaid bills, if any to the petitioners are concerned. Meanwhile, the respondents are directed to accept the regular payments to be made by the petitioners from

-8the regular bills that would be raised by the respondent-company. Subject to the decision to be taken on the representations of the petitioners, the petitioners would be at liberty to either deposit the arrears of bill as calculated or if they are aggrieved, they should challenge the same before the appropriate forum established under the Electricity Act dealing with disputes relating to electricity bills.

8. It is further ordered that as of now since each of the petitioners have already made their respective representations to the respective respondents and a decision on the same is yet to be taken, it is ordered that till the respondents take a decision on the representations of each of the petitioners, no coercive steps shall be taken against the petitioners for the arrears of the bills, which have been raised by the respondents.

9. With the aforesaid observations, the writ petitions stand disposed off. Sd/- (P. Sam Koshy) Judge Rahul