A complaint or appeal cannot be entertained when a writ petition on the same matter is pending before the High Court.

Mr. Justice Sunil Kumar Garg, President—In this appeal, a preliminary objection has been taken by the learned Counsel appearing for the respondent-complainant to the effect that this appeal deserves to be dismissed as during the pendency of this appeal, the appellants have approached the Hon’ble Rajasthan High Court, Jaipur Bench, Jaipur by way of filing writ petition under Articles 226 and 227 of the Constitution of India being S.B. Civil Writ Petition No. 5107/2004 in which parties are the same and that writ petition is pending consideration before the Hon’ble High Court.

2. It may be stated here that the appellants have preferred this appeal against the majority order of the learned District Forum, Swaimadhopur dated 26.9.2002 passed in Complaint Case No. 14/2002 by which the complaint filed by the respondent-complainant was allowed and the appellants were directed to give electric connection to the complainant-respondent within a period of three months.

3. During the pendency of this appeal, on stay application, operation of the impugned majority order of the learned District Forum, Swaimadhopur dated 26.9.2002 was stayed by this State Commission vide order dated 10.10.2003, but thereafter, this State Commission, by another order dated 23.4.2004, vacated the stay granted earlier vide order dated 10.10.2003.

4. There is no dispute on the point that before approaching the National Commission, the appellants preferred a writ petition being No. 5107/2004 before the High Court and in that writ petition, on 2.8.2004, an order was passed to the effect that status quo be maintained and that writ petition is pending consideration before the High Court.

5. The question for consideration is whether in the facts and circumstances just narrated above, when during the pendency of this appeal, writ petition has been filed by the appellants before the High Court, whether present appeal is maintainable or not.

6. The position of law is very much clear that a complaint (appeal) cannot be made regarding the matter regarding which writ petition has been filed before the High Court. Not only this, even when the matter is pending before the High Court, complaint (appeal) cannot be entertained under the Act of 1986.

7. Since in the present case, when the appellants did not get the stay order from this State Commission, they instead of preferring appeal before the National Commission approached High Court by way of writ petition and the same is pending consideration before the High Court and in view of this fact alone, we are of the view that the present appeal should be dismissed as being not maintainable.

Accordingly, this appeal filed by the appellants is dismissed as being not maintainable.

Appeal dismissed.