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High Court of Punjab and HaryanaCWP/18238/2019disposed of

Shri Shiv Shankar Nandi Shala (Regd) v. State Of Punjab And Others

2025-08-05Mr. Justice Suvir Sehgal4 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (101) CWP-18238-2019 Date of decision:- 05.08.2025 Shri Shiv Shankar Nandi Shala (Regd.)

...Petitioner

V/S State of Punjab and others

...Respondents

CWP-434-2020 Gaushala Shivala Lal Ram Kishan Sood Society Moga

...Petitioner

V/S State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- None for the petitioner.

Mr. Vikas Arora, Deputy Advocate General, Punjab. Mr. Jasdeep S. Gill, Advocate (through VC) and Mr. Harshjit Singh, Advocate for respondents No. 2 and 3 (CWP-434-2020).

Mr. Dhruv Walia, Advocate for respondents No.2 and 3 (CWP-18238-2019).

...

SUVIR SEHGAL, J. (Oral) 1.

There is no representation on behalf of the petitioner. 2.

Similar was the position on the previous occasion.

-23.

State counsel has made a reference to Memo No. 44, dated 03.04.2025, to submit that the Gaushalas in the State of Punjab including Gaushalas managed by the petitioners, have been identified/verified for exemption, from payment of electricity charges. The text of the memorandum is reproduced hereunder:- "Memo No.O/o No. 44 Dated: 03/04/2025

1. Shri Gopal Gau Dham Charitable Trust (Regd.)

2. Maat Pita Gau Dham Trust (Regd.)

3. Nabha Gaushala Committee, Village Wazidpur

4. Gaushala Committee (Regd.)

5. Nabha Gaushala Committee, Village Wazidpur

6. Shri Gaushala Committee (Regd.)

7. Govardhan Gaushala (Regd.)

8. Shil Govind Godham Sewa Sewa Samiti (Regd.)

...Petitioners.

VS State of Punjab and others

...Respondents.

Sub:

Order dated 12.10.2018 in CWP 20127/2018 (O&M), CWP 21305/2018 (O&M), CWP 21412/2018 (O&M), CWP 23137/2018 (O&M), CWP 21442/2018 (O&M), CWP 22376/2018 (O&M), CWP 21272/2018 (O&M) & CWP 24397/2018 (O&M) - Sh. Gopal Gau Dham Charitable Trust (Regd.) & other connected matters V/s State of Punjab and Ors.

SPEAKING ORDER The Punjab State Power Corporation Ltd.

vide Commercial Circular No 10/2016 dated 28.03.2016 issued instructions to provide free electricity to 366 nо identified/verified Gaushalas of Punjab. The said facility was withdrawn by PSPCL vide Commercial Circular No 41/2018 dated 19.06.2018 and instructions were issued to recover the outstanding amount on account of free supply given to Gaushalas of Punjab as per CC No. 10/2016, from respective consumers.

Being aggrieved, the Petitioners appealed before the Hon'ble High Court Chandigarh and filed number of Civil Writ Pelitions. The aforesaid eight CWPs were disposed of by the Hon'ble Punjab and Haryana High Court Chandigarh vide its order dated 12.10.2018, with a direction that a Committee comprising the Chief Secretary, Punjab and Chairman of PSPCL shall look into the matter

-3and take appropriate decision. And further to ensure that recovery of pending dues shall not be affected, and supply of electricity shall not be disconnected till the decision is taken by the concerned authorities.

In compliance to the above Order of Hon'ble High Court Chandigarh, PSPCL issued instructions vide Commercial Circular No. 01/2019 dated 11.01.2019 not to recover the pending dues from the Gaushalas and supply of electricity of these Gaushalas not be disconnected along with not to transfer the Cow Cess so collected to the Local Govt. offices till further decision. After that as per decision of Council of Ministers, Govt. of Punjab dated 01.01.2022, 18.11.2022 and 29.07.2023, the defaulting amount against electricity bills pending upto 31.12.2021. 30.09.2022 and further up to 31.07.2023 respectively against all said 366 no. Gaushalas in Punjab has been adjusted by PSPCL from the amount of Cow Cess collected and lying with PSPCL.

Now, it has been decided that the monthly bill amount for the electricity consumed by above said Gaushalas shall be adjusted on monthly basis against the Cow Cess collected by PSPCL, after the issuance of Gazetted Notification of GoP.

Further, it has been also decided that the necessary approval shall be taken by Department of Animal Husbandry for the issuance of Gazette Notification of GoP in this regard. The Notification should include the following1) Ex-Post Facto approval for the Cow Cess already adjusted by PSPCL against the defaulting amount of 366 nos. Gaushalas upto 31.07.2023 as per the decision of Council of Ministers, Govt. of Punjab dated 01.01.2022, 18.11.2022 and 29.07.2023.

2) Approval for the adjustment of defaulting amount of 366 nos. Gaushalas pending from 01.08.2023 till the date of issuance of the Gazette Norification against the Cow Cess collected by PSPCL.

3) Approval for the monthly adjustment of electricity bills of 366 nos. Gaushalas from the Cow Cess amount collected and lying with PSPCL, from the date of issue of Gazetted Notification of GoP. The Cow Cess collected viz-a-viz amount of Cow Cess adjusted against the electricity bills shall be reconciled at the end of the financial year and the balance Cow Cess (if any) shall be transferred to the Department of Animal Husbandry by PSPCL.

Sd/- Chairman-cum-Managing Director, PSPCL, Patiala Sd/- Chief Secretary, Govt. of Punjab.

Chandigarh."

-44.

At this stage, it has been pointed out by Mr. Dhruv Walia, Advocate, counsel for respondents No.2 and 3 that the petitioner (CWP-18238-2019) had a temporary connection bearing No. Y51-GT510483F, which was disconnected on the request of the petitioner and another connection bearing Account No.3002953103, with load of 19.054 KW was sanctioned. He has instructions to state that this is not one of the identified/verified account number. 5.

Be that as it may, liberty is granted to the petitioner in CWP-182382019, to approach the competent authority for exemption by producing all the relevant documents.

6.

In view of above, both the petitions are disposed of. (SUVIR SEHGAL) 05.08.2025 JUDGE Pardeep Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No