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High Court of DelhiW.P.(C)/1979/2017

Ritu Chopra v. Tata Power Delhi Distribution Limited & ANR.

2017-03-03Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1979/2017 RITU CHOPRA ..... Petitioner Through: Mr. Kartik Khanna, Advocate with Mr. Prshant Sharma, Advocate.

versus TATA POWER DELHI DISTRIBUTION LIMITED & ANR.

..... Respondents Through: Mr. Arav Kapoor, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 03.03.2017 CM Appl. 8760/2017 (exemption) in W.P.(C) 1979/2017 Allowed, subject to just exceptions.

W.P.(C) 1979/2017 Present writ petition has been filed seeking a direction to respondent No.1 to restore/re-connect the electricity supply of the petitioner with respect to property bearing No.B-134, First Floor, Street No.1, Majlis Park, Adarsh Nagar, New Delhi.

It has been averred in the petition that on 19th January, 2017 respondent No.1-TPDDL disconnected the electricity supply of the petitioner pursuant to the Show Cause Notice dated 22nd March, 2016 and order dated 18th April, 2016 on the ground that respondent No.2 is the owner

of the aforesaid property.

Learned counsel for petitioner states that despite the fact that the civil suits between the petitioner and respondent No.2 are pending and that petitioner has been paying Rs.10,000/- per month as user charges to respondent No.2, the respondent No.1 has disconnected the electricity supply of the petitioner.

A perusal of the paper book reveals that the petitioner had filed an injunction application before the Civil Judge restraining the officials of TDPPL from disconnecting the petitioner's electricity connection. On 25th April, 2016 the Civil Judge had granted an injunction order restraining the officials of TPDDL from disconnecting the electricity connection.

However, on 04th January, 2017, the Senior Civil Judge vacated the said injunction order.

In the opinion of this Court, as the injunction order restraining the officials of TPDDL from disconnecting petitioner's electricity connection has been vacated by a judicial order, the petitioner will have to challenge the said order.

This Court is of the view that it is not open to the petitioner to seek reconnection of electricity connection by way of a separate writ petition, without challenging the said order.

Consequently, present writ petition is dismissed. MANMOHAN, J MARCH 03, 2017 js