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High Court of Punjab and HaryanaRSA/1482/2024disposed of

Executive Engineer, Operation Division Uhbvnl And ANR v. Avtar Singh And ANR

2026-01-12Mrs. Justice Alka Sarin2 pages

320-3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-1482-2024 (O&M) Date of Decision : 12.01.2026 EXECUTIVE ENGINEER, UHBVNL AND ANR .... Appellants

VERSUS

AVTAR SINGH AND ANR .... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Kewal Krishan, Advocate for Mr. S.K. Mahajan, Advocate for the appellants. None for respondent No.1 despite service.

ALKA SARIN, J. (ORAL) 1.

The defendant-appellants are in present Regular Second Appeal challenging the judgment and decree passed by the First Appellate Court whereby their appeal was dismissed and the judgment and decree passed by the Trial Court in favour of plaintiff-respondent No.1 was affirmed. 2.

At the outset, learned counsel appearing on behalf of the defendant-appellants has submitted 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 Versus Sub Divisional Officer & Anr.' vide judgment dated 14.05.2025.

AMAN JAIN 2026.01.13 09:54 I attest to the accuracy and integrity of this order/judgment

RSA-1482-2024 (O&M) -23.

As per the Office report, plaintiff-respondent No.1 stands duly served. However, none has put in appearance on his behalf despite service. 4.

In view thereof, the present appeal is allowed, and the suit filed by plaintiff-respondent No.1 stands dismissed on the ground of jurisdiction. However, plaintiff-respondent No.1 would have the liberty to avail the remedies as available in law.

5.

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 plaintiff-respondent No.1. Pending applications, if any, also stands disposed off. 12.01.2026 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2026.01.13 09:54 I attest to the accuracy and integrity of this order/judgment