Kamna Monga v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision : February 27, 2025 KAMNA MONGA -PETITIONER V/S STATE OF HARYANA AND OTHERS -RESPONDENTS
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present:
Mr. M.S. Kathuria, Advocate for the petitioner.
Mr. Bhupender Singh, D.A.G., Haryana.
Mr. Parminder Singh, Advocate for Mr. Vivek Chauhan, Advocate for the respondent No.2.
Mr. Vivek Saini, Advocate for the respondents No.3 and 4.
Mr. Nikhil Chhoker, Advocate for the respondent No.6.
*** KULDEEP TIWARI, J. (ORAL) 1.
The prayer encompassed in the instant writ petition appertains to issuance of directions upon the respondent(s) to replace the burnt electricity meter of the petitioner and to restore the electricity supply. Moreover, prayer is also made for issuance of directions upon the distribution licensee to ensure compliance being made of the directions enclosed in the order dated 16.01.2019 (Annexure P-1), as passed by the respondent No.2- Haryana Electricity Regulatory Commission. 2.
The Co-ordinate Bench of this Court, while issuing notice upon the instant writ petition on 25.08.2023, passed the hereinafter
reproduced order:- "Learned counsel appearing on behalf of the petitioner, inter alia, contends that the meter of the petitioner was burnt by the members of the Max Height Resident Welfare Association. The petitioner requested the respondent authorities for replacing the burnt electricity meter as per regulation 5.8 of the Electricity Supply Code, 2014. It is contended that per the above said regulation, the licensee is bound to restore the supply within a period of 24 hours by providing a tested meter and in case the same is not available immediately then direct supply is to be given and the consumer is required to be charged as per the said regulation.
Notwithstanding the relevant statutory provisions, the electricity supply to the premises of the petitioner is not being restored. It is further contended that the petitioner is a consumer of the respondents since the year 2015 and is not a defaulter. He further undertakes that in the event of any dues being determined against the petitioner by the respondent authorities upon checking of the meter, he undertakes to make good the said loss as well and that the respondents authorities should restore the supply in terms of the aforesaid regulation considering that the petitioner is out of electricity for the last about 03 weeks and is staying in a hotel. Notice of motion.
Notice regarding stay as well.
Mr. Pankaj Mulwani, DAG, Haryana, accepts notice on behalf of respondent No.1/State whereas Mr. Vivek Saini, Advocate, accepts notice on behalf of respondents No.3 and 4. They pray for some time to file response.
List on 12.01.2024.
Notice to the remaining respondents on filing of process fee be issued for the date fixed.
Process dasti as well.
In the meanwhile, in the event of petitioner submitting the necessary application along with the required affidavit as undertaken today, the restoration of electricity supply to the premises of the petitioner be done by the respondents authorities
in accordance with law.
A copy of the order be given under the signatures of Bench Secretary."
3.
Today, the learned counsel appearing for the respondents No.3 and 4/distribution licensee informs this Court that, electricity meter has already been installed in the premises of the petitioner and electricity supply has also been restored. He also extends his "No Objection" in case of directions becoming issued upon the distribution licensee to make compliance of the directions embodied in the order (Annexure P-1). 4.
In view of the above, since the principal grievance of the petitioner already stands redressed, hence the instant writ petition is disposed of with a direction upon the distribution licensee to ensure meticulous compliance being made of the directions enclosed in the order (Annexure P-1) passed by the respondent No.2- Haryana Electricity Regulatory Commission.
(KULDEEP TIWARI) February 27, 2025 JUDGE devinder Whether speaking/reasoned :
Yes/No Whether Reportable :
Yes/No