PUNJAB STATE ELECTRICITY BOARD Vs. KULDEEP SINGH

JUDGEMENT

(1.) KULDEEP Singh instituted suit for permanent injunction against Punjab State Electricity Board and others restraining them from disconnecting electric connection or removing cable wire from five horse power motor lying installed in land measuring 24 kanals 10 marlas belonging to him. It was alleged in the plaint that he applied for five horse power electric connection. He had deposited Rs. 3500/- on 11.1.1991 vide receipt No. 177 on demand notice issued by the Board. Electric connection was given to him. On 18.3.1991, SDO Sub Urban PSEB, Mahal Kalan and Manjit Singh, Line Superintendent (JE) Sub Urban, Mahal Kalan defendants came to the said fields when he was irrigating. They told him that the electric motor was running and they should be given Rs. 1000/-. He rebuffed their demand saying that he would make payment of electric bills only and he would not make any payment over and above that payment. They became annoyed and threatened him that they would disconnect the electric connection. On 20.3.1991, they came to his field and threatened to disconnect and remove the electric poles that they were not allowed to do it.

(2.) DEFENDANT -Punjab State Electricity Board filed written statement contesting the suit. It was urged that plaintiff had applied for five horse power electric connection and deposited Rs. 3500/- on demand notice. It was denied that connection was released or that motor was running at the spot. Notice was issued on 20.3.1991 calling upon him to submit test report. He submitted test report on 16.3.1991. Length of the line was found to be more than 70 metres. Plaintiff was asked to remove objection within seven days and if he failed to remove objection, the electric connection would not be released. It was urged that the plaintiff himself released the electric connection illegally and was thus committing theft of electricity. Place where connection was allegedly working was at a distance of more than 70 metres and not within the purview of the Electricity Board. Articles were got released from the store on 25.1.1991 and were kept in the custody of the plaintiff at his residence and the wire was also drawn from store on 2.2.1991 which was also kept at the residence of the plaintiff for giving group connection and the plaintiff taking the benefit of the articles got connected the electric connection of his own. It was urged that plaintiff by connecting the electric connection of his own got the order of status-quo from the Court. On the pleadings of the parties, the following issues were framed :-

(3.) AGGRIEVED Punjab State Electricity Board went in appeal. Additional District Judge, Barnala dismissed the appeal.