The Sub Divisional Officer And ORS v. Ajay Kumar

RSA-625-2022 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-625-2022 (O&M) Date of Decision: 28.08.2025 The Sub Divisional Officer, Dakshin Haryana Bijli Vitran Nigam Limited and others .... Appellant(s)

Versus

Ajay Kumar .... Respondent(s) CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Kewal Krishan, Advocate for Mr. S.K.Mahajan, Advocate for the appellants. Mr. Vikrant Rana, Advocate for the respondent. NIDHI GUPTA, J. (ORAL) 1.

The appellant-defendants are in second appeal against the concurrent findings rendered by both the Courts below whereby the suit filed by the respondent-plaintiff, for declaration and mandatory injunction, was decreed.

2.

At the very outset, learned proxy counsel for the appellant submits that the question of law involved in the present appeal as to whether jurisdiction of the Civil Court is barred in view of Section 145 of the Electricity Act, 2003, has since been decided by the Hon'ble Division Bench of this Court in RSA-4181-2016, titled as 'Mahesh Kumar vs. Sub Divisional Officer and Another' vide judgment dated 14.05.2025. 3.

In view of the above, the present second appeal is allowed, and the suit filed by the respondent-plaintiff stands dismissed on the ground of jurisdiction. However, the respondent-plaintiff is at liberty to DIVYANSHI 2025.08.29 18:28 I attest to the accuracy and integrity of this document

RSA-625-2022 (O&M) -2take recourse to the appropriate remedy as available, in accordance with law.

4.

It is made clear that any evidence recorded/observations made in the impugned judgments and decrees would not operate as res judicata in any subsequent proceedings initiated by the respondentplaintiff. 5.

Pending application(s), if any, shall stands disposed of. 28.08.2025 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No DIVYANSHI 2025.08.29 18:28 I attest to the accuracy and integrity of this document