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2023 Supreme(Online)(MP) 19932

HIGH COURT OF MADHYA PRADESH
Ashok Bansal – Appellant
Versus
The Mpseb & Ors. – Respondent
WP 3245/2002



Advocates:
Neeraj Vegad,Sumesh Bajaj,Rm.Sharma,Mohd.Ashif

IN THE HIGH COURT OF MADHYA PRADES H AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI ON THE 4th OF MAY, 2023 WRIT PETITION No. 2801 of 1999 BETWEEN:-

BHOPAL BUILDERS & PROMOTORS ASS.

(MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHOK LALWANI - ADVOCATE)

AND

1. M.P.ELECTRICITY BOARD & 2 ORS.

(MADHYA PRADESH)

2. EXECUTIVE ENGINEER (B AND R ) MP ELECTRICITY BOARD BHOPAL (MADHYA PRADESH)

3. EXECUTIVE ENGINEER (O AND M) MP ELECTRICITY BOARD MANDIEEP (MADHYA PRADESH)

4. MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN COMPANY LTD, THROUGH ITS MANAGING DIRECTOR STATE ELECTRICITY BOARD REG. OFFICE AT NISHTHA PARISAR BIJLI NAGAR (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified (BY SHRI M.L. JAISWAL SENIOR ADVOCATE WITH SHRI K.K. GAUTAM - ADVOCATE )

WRIT PETITION No. 3716 of 1999 BETWEEN:-

AANCHAL GRIH NIRMAN SAHKARI SANATHA, AGED ABOUT 26 YEARS, (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHOK LALWANI - ADVOCATE )

AND

1. M.P.E.B. & ORS. (MADHYA PRADESH)

2. THE EXECUTIVE ENGINEER (B.R.) M.P.

ELECTRICITY BOARD BHOPAL -23 (MADHYA PRADESH)

3. THE EXECUTIVE ENGINEER (O AND M)

M.P. ELECTRICITY BOARD MANDI-DEEP DISTRICT RAISEN M.P. (MADHYA PRADESH)

4. MADHYA PRADESH MADHYA KSHETRA VIDYUT VITRAN COMPANY LIMITED THROUGH ITS MANAGING DIRECTOR REG. OFFICE AT NISHTHA PARISAR BIJLI NAGAR BHOPAL M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI M.L. JAISWAL SENIOR ADVOCATE WITH SHRI K.K. GAUTAM - ADVOCATE )

Signature Not Verified WRIT PETITION No. 4849 of 1999 BETWEEN:-

SARVA DHARMA HOUSING CO-OP SOCIETY (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHOK LALWANI - ADVOCATE)

AND

1. M.P.E.B. & ORS. (MADHYA PRADESH)

2. SUPREINTENDENT ENGINEER (O AND M)

M.P ELECTRICITY BOARD BHOPAL (MADHYA PRADESH)

3. EXECUTIVE ENGINEER (O AND M) M.P ELECTRICITY BOARD BHOPAL (MADHYA PRADESH)

4. MADHYA KSHETRA VIDYUT VITRAN CO.

LTD. THRUGH ITS MANAGING DIRECTOR REG. OFFICE AT NISHTHA PARISAR BIJLI NAGAR BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI M.L. JAISWAL SENIOR ADVOCATE WITH SHRI K.K. GAUTAM - ADVOCATE )

WRIT PETITION No. 3245 of 2002 BETWEEN:-

Signature Not Verified ASHOK BANSAL, AGED ABOUT 48 YEARS, (MADHYA PRADESH)

.....PETITIONER (NONE FOR THE PETITIONER )

AND THE MPSEB & ORS. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI M.L. JAISWAL SENIOR ADVOCATE WITH SHRI K.K. GAUTAM - ADVOCATE )

This petition coming on for hearing this day, the court passed the following:

ORDER

This order shall also govern the disposal of W.P. No.3716/1999, W.P. No.4849/1999 and W.P. No.3245/2002.

2. For the sake of convenience the facts of W.P. No.2801/1999 are being taken note of.

3. The petitioner has filed this petition while praying for following reliefs:-

a) To quash the circular No.08-07/W-I-/356/752 dated 30.03.1999 issued in pursuance of the earlier circular No. 08-07/W-I-/2848 dated 09.03.1998 and to order the respondents not to charge any amount towards system strengthening from the colonizers in Bhopal/Raisen and to refund all such sums if already received toward such head.

Signature Not Verified b) To order/direct the respondents not to charge the petitioner the costs incurred in amending the main supply line and to refund the amount to the colonizers of Bhopal, if already collected from them towards this head.

c) To order the respondents to refund the cost incurred by the colonizers/members of the Associations in installation transformers in their colonies and to refund the amount collected towards supervision charges for external electrification of the colony.

d) To grant any other relief, and e) Cost of the petition.

4. The facts as set forth in the petition reflect that the petitioner is an Association formed from amongst the members who are engaged in the activities of colonization and building constructions. The petitioner's Association is registered with the Registrar, Firms and Societies and the members of the Association, construct buildings upon the lands after development of the colonies within the territorial limits of Bhopal and nearby Mandideep area of Raisen District.

5. In order to construct

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