The central legal point established in the judgment is the obligation of the State Government to bear the expenses of electricity charges for certain premises, as per the provisions of the Electricity Act, 2003, Section 56.

SANJAY VASHISTH, J.

CM-2435-C-2020

i. Prayer in this civil miscellaneous application is for condoning the delay of 452 days in filing the present appeal.

ii. Notice of this application was issued.

iii. As per office note, notice could not be issued to the non-applicants, on account of non-filing of process fee by the applicants/appellants (State). However, non-applicants/respondents No.1 & 2 are well represented before this Court through counsel.

iv. Considering the aspect that the issue involved in the present appeal, is being dealt with by this Court in following paras, therefore, I do not find any ground for affecting of service upon the remaining nonapplicant/ respondent No.3 i.e. plaintiff itself.

v. Therefore, the application filed with the memo of appeal for seeking condonation of delay of 452 days in filing the appeal stands disposed of without making any observation over there.

RSA-786-2020 (O&M)

1. Present Regular Second Appeal (RSA), has been filed by the State of Haryana against the judgment and decree dated 16.08.2018, passed by the learned First Appellate Court, arising from the Civil Suit No. RBT 323 of 2015 (09.04.2011/02.01.2015).

2. In fact, District Bar Association, Kaithal (respondent No.3 herein) instituted a suit for seeking mandatory injunction and permanent injunction, seeking direction to defendants No.1 & 2 (State of Haryana), to pay the bills of the three electricity connections i.e. Bar Room, Litigant Shed, and Bar Library, and to clear the arrears up to date, and also to pay the bills for the said connections in future as well.

It was also sought that a decree of permanent injunction be passed, restraining defendants No.2 & 3 i.e. Collector, Kaithal and Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL), to not to disconnect the electricity supply to the said connections and the premises in the future also. Details of the electricity connections/account numbers, its installations and the arrears as detailed in paragraph No.8 of the impugned judgment passed by the learned First Appellate Court, are as follows:-

3. Learned Trial Court partly decreed the suit, in regard to the payment of litigant shed, however, rest of the prayers made in the suit by the plaintiff (respondent No.3), were not accepted.

4. Consequently, UHBVNL (i.e. respondents No.1 & 2 in the present appeal) filed Civil Appeal No. RBT: 125 of 2017 (20.02.2016/24.08.2017). Besides this, Cross Objections No. RBT:127 of 2017 (06.08.2016/24.08.2017), were also filed by the District Bar Association, Kaithal (plaintiff in the suit). Thereafter, vide judgment & decree dated 16.08.2018, learned First Appellate Court took up the matter and decided all the three claims made by the plaintiffs in their favour.

5. While considering the issue, already dealt with by this Court in the matter of Punjab and Haryana High Court Bar Association, as well as, Bar Association Zira, learned First Appellate Court, accepted the cross-objections filed by the plaintiff-Association (respondent No.3 herein), and dismissed the appeal filed by the UHBVNL. In paragraph Nos. 22 to 26, following observations were made:-

“22. But after careful appraisal and comprehension of the dispute involved in this case, this Court fears that the learned lower Court failed to taken into consideration, the ratio of latest Judicial pronouncements and fell into error by deciding the issues No. 1 & 2, on the basis of mere administrative directions, which were more of a stop-gap arrangement. Identical matter came for adjudication, before our Hon’ble High Court in Punjab and Haryana High Court Bar Association and Another Vs. Union of India Vol. CXL VII – (2007-3) The Punjab Law Reporter 565,