Abaskar Construction Private Limited v. Ndmc And ORS

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6269/2016 & CM APPL.25637/2016 ABASKAR CONSTRUCTION PRIVATE LIMITED ..... Petitioner Through:

Mr. Subhash C. Jindal, Advocate versus NDMC AND ORS ..... Respondents Through:

Ms. Malvika Trivedi, Advocate with Mr.

Jitendra Kumar Tripathi, Advocate

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 22.07.2016 The present petition under Article 226 of the Constitution of India prays as follows:- a) Issue an appropriate Writ, Order or Direction, especially in the nature of certiorari for quashing of the electricity bill of billing cycle June 2016 issued by the respondent/NDMC levying misuse charges against electricity connection No.KOT-2883 P/Com, installed at Kailash Building, 26 K.G. Marg, New Delhi-110001 on account of extension of electric supply of above connection to roof top and use for booster of Vodaphone and Airtel in pursuance of letter dated 16.06.2016 of respondent No.3 (Annexure-P/14) under the Electricity Act, 2003 and Rules made under it and further respondents be directed not to levy misuse charges against the said connection in the future bills also. b) Cost of the petition be also allowed to the petitioners.

After making some submissions, learned counsel appearing on behalf of the petitioner seeks leave to withdraw this petition with liberty to approach the NDMC seeking permission for utilization of electricity for the purposes of booster at the subject property, in accordance with law.

Leave and liberty granted.

The writ petition is dismissed as withdrawn and disposed of accordingly. Pending application also stands disposed of.

There is no gainsaying that in the event the petitioner so applies, the respondent shall dispose of the said application, in accordance with law, within a reasonable period of time.

SIDDHARTH MRIDUL, J JULY 22, 2016 dn