Kapil Singh Raghav v. The State, Govt. Of NCT Of Delhi & ORS

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3881/2019, CM No. 17596/2019 KAPIL SINGH RAGHAV ..... Petitioner Through:

Mr. Counsel (appearance not given) versus THE STATE, GOVT. OF NCT OF DELHI & ORS ..... Respondent Through:

Mr. Sunil Fernandes, SC for BRPL with Ms. Anju Thomas, Adv. for BSES

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 15.04.2019 CM No. 17596/2019 (for exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 3881/2019 1.

The present petition has been filed by the petitioner with the following prayers:

"It is therefore, most respectfully prayed that this Hon‟ble Court may be pleased to:

a) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent to issue fresh electricity connection and to install new meter inside the premises of the petitioner immediately without

any further delay.

b) Issue writ order or direction commanding the respondent to pay appropriate compensation to the petitioner for causing financial loss, physical torture and mental agony. c) issue any further writ order or direction suitably which this Hon‟ble Court may deem fit and proper in the present circumstances of the case and to which the petitioner is entitled under the law.

d) Award the cost in favour of petitioner and against the respondent."

2.

Learned counsel for the petitioner concedes that there is already a case being M No. 2/2016 pending before the ASJ (Special Court) (Electricity). He also states that the matter was also referred to the Lok Adalat, wherein the following directions were issued: "(1) It is agreed that the consumer shall pay a total sum of towards full and final settlement of the impugned bill of Rs.19,600/- on or before 31.12.2015.

(2) Complainant company is directed to install fresh connection at the premises of the accused after deposition of settled amount and after completion of commercial formalities if any.

(3) In the event of non- compliance of any of the term by the accused / consumer, as agreed in the settlement, the complainant company shall be at liberty to disconnect the

electricity supply of the accused / consumer as per law." 3.

Learned counsel for the petitioner states that the petitioner has complied with the directions issued by the Lok Adalat. He also states that he has filed a contempt application in M No. 2/2016 before the concerned Court, wherein certain directions have been issued. I have been informed that the contempt petition is still pending consideration of the Special Court. If that be so, a further writ petition for the same cause of action would not be maintainable.

4.

At this stage, learned counsel for the respondent Nos.2 to 4 states that appropriate for the petitioner is to file an application in the Special Court. 5.

Noting the said submission made by the learned counsel for the respondent Nos.2 to 4, learned counsel for the petitioner states, he shall do so. If that be so, liberty is with the petitioner to file an appropriate application, and if such an application is filed, the same shall be considered by the ASJ, Special Court (Electricity) who shall pass appropriate orders in accordance with law.

The writ petition is disposed of.

V. KAMESWAR RAO, J APRIL 15, 2019/aky