Samarendra Chand And 2 ORS v. Assistant Engineer, Electricity Dept., Sub Division Ii, Porvorim And 5 ORS
5-WP-215-2021.DOC Suchitra
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.215/2021 SAMARENDRA CHAND AND 2 ORS.
... PETITIONERS
Versus
ASSISTANT ENGINEER, ELECTRICITY DEPT., SUB DIVISION II, PORVORIM AND 5 ORS.
...RESPONDENTS Mr. L. Raghunandan, Advocate for the Petitioner. Mr. P. Faldessai, Additional Government Advocate for the State.
CORAM:
M. S. SONAK & R. N. LADDHA, JJ.
DATED:
12th April 2022 P.C.:
1.
Heard Mr. L. Raghunandan for the petitioner and Mr. P. Faldessai, learned Additional Government Advocate for the State. 2.
The main grievance of the petitioners was about the disconnection of electric supply of their apartment. Now there is no dispute since the electric supply has been restored. 12th April 2022
5-WP-215-2021.DOC 3.
There is now a dispute about whether the disconnection was illegal or proper. This dispute need not be gone into at this stage and in these proceedings. This is because this dispute is not restricted only to the State or its officers but also concerns respondent no.4, a private party with whom the petitioners have serious disputes and differences. The proceedings under Article 226 of the Constitution of India are not best suited for resolution of such disputes.
4.
Suffice to note that if in future, there is any occasion for disconnection, the authorities, will follow the law and also comply with the principles of natural justice before any such action is taken. Mr. Faldessai points out that in this case principles of natural justice were in fact complied with. However, at this stage we do not go into this issue.
5.
The petition is now disposed of leaving it open to the petitioners to pursue their disputes before the appropriate forum and perhaps, at the appropriate stage.
6.
The petition is disposed of without any order for costs. R. N. LADDHA, J.
M. S. SONAK, J.
SUCHITRA NANDAN SINGBAL Date: 2022.04.12 17:02:21 +05'30'
SUCHITRA NANDAN SINGBAL 12th April 2022