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MOHIT KUMAR SHAH
G. V. Mall Owners Association – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. The present writ petition has been filed by the petitioner seeking the following reliefs:-
"i) For issuance of a writ of Mandamus directing the Respondents, particularly, the Respondents Nos. 2 to 6 to effect the (Mutation) substitution of the name of the petitioner in the records of the Respondent Nos. 2 to 6 from the name of the builder, i.e. Respondent No. 7, in terms of the provisions of the Bihar Apartment Ownership Act, 2006;
ii) For a direction to the Respondents to effect the substitution of the name of the petitioner Association as the Security Deposits belonging to the members of the Association is already lying with the Respondent South Bihar Power Distribution Company Limited;
iii) For a direction to the Respondents to reduce the load of the H.T. Electricity connection of the petitioner from 535 KVA to 350 KVA or nearby because of which the petitioner is liable to pay excess amount every month without any use of electricity;
iv) For a direction to refund the amount deposited by the Members of the Petitioner as Security for individual connection in their name in view of the fact that it is not required now".
2. The petitioner is stated to be a registered Associatio
The main legal point established in the judgment is that if a statutory forum is created for redressal of grievances, a writ petition should not be entertained ignoring such statutory dispensation.
The court reaffirmed that principles of natural justice require prior notice before taking actions that adversely affect a party's rights.
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