Surender v. Uhbvn And ANR

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

CWP 28006 of 2013 Date of decision: 3.5.2017 Surender Petitioner vs.

UHBVN and anr Respondent

Present:

Mr.RS Dhull, Advocate.

Mr. P.S. Punia, Advocate.

M.M.S.BEDI,J.

The petitioner is aggrieved by Memo dated 14.10.2013 (Annexure P-2) order of assessment and penalty order dated 24.10.2013 for compounding besides the checking report (Annexure P-1) As the petitioner is challenging the wrong assessment and penalty besides the compounding charges, the Special Court has jurisdiction to determine the civill liability as no prosecution has been launched. In this context judgment in Kapoor Singh vs. State Punjab Power Corporation Limited and others 2015(2) RCR ( C) 891 appears to be applicable, wherein it has been held that the Special Court has got jurisdiction to determine the dispute regarding civil liability also. Accordingly, the petition is disposed of relegating the petitioner to challenge the above said orders.

The petitioner may approach the Special Court within one month for adjudication of the rights of the petitioner. All the pleas taken up by the petitioner in this petition would be available to him. The case will be decided afresh irrespective of any finding given in favour/ against of any of the parties. Disconnection will remain stayed during proceedings as the amount stands deposited.

May 3 ,2017 ( M.M.S.BEDI ) TSM JUDGE Whether speaking/ reasoned Yes/ No Whether Reportable Yes/ No Tapinder Singh Mann 2017.05.04 15:46 I attest to the accuracy and integrity of this document