(1.) Petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of cererroi, quashing the impugned order dtd. 19/9/2015 passed by the Permanent Lok Adalat (Public Utility Services), Bathinder under Sec. 22(c) of the Legal Services Authority Act, 1987.
(2.) The petitioner has also sought writ in the nature of mandamus directing the respondent nos.2 and 3 to refund the amount already deposited by the petitioner under protest.
(3.) In the month of July 2007, M/s Maa Saraswati Rice Mills applied for a new electricity connection under the LS category. The connection was installed after payment of necessary charges in the month of October, 2011, the aforesaid unit was sold to Guru Nanak Agro Foods. Thevendee continued to avail electricity from the electricity connection in the name of M/s Maa Saraswati Rice Mills. The said electricity connection was never transferred in the name of Guru Nanak Agro Foods. Guru Nanak Agro foods made default in the making payments of electricity bills regularly. As a result of persistent default, the electric connection was disconnected in the month of December, 2013. The aforesaid Rice Mill was auctioned and purchased by the petitioner in auction conducted by the bank along with plant and machinery on as is where is basis. After purchasing the property, the petitioner applied for new electricity connection and deposited the requisite amount of Rs.2,24,710.00 as security on 12/8/2014. On 4/9/2014, the respondent nos.2 and 3 issued a demand notice, raising a demand of Rs.8,46,800.00 as service charges and extra wire charges. Bifurcation of the aforesaid amount was Rs.3,63,000.00 towards service charges and Rs.4,83,800.00 towards extra wire charges. Since the petitioner was in dire need of electric connection, therefore, the petitioner deposited the aforesaid amount of Rs.8,46,800.00under protest on 10/9/2014. Thereafter, electric connection was given in the premises so purchased by the petitioner in the auction. On 24/12/2014, the petitioner laid challenge the aforesaid demand of Rs.8,46,800.00 which was depositedunder protest. The challenge was made before the Permanent Lok Adalat (Public Utility Services), Bathinda, by filing an application under Sec. 22(c) of the Legal Services Authority Act, 1987. The Permanent Lok Adalat, vide order dtd. 19/9/2015 dismissed the said application that is how the present writ petition came to be filed. Notice of motion was issued on 15/2/2016 to respondent nos.2 ad 3 only. In pursuance of the aforesaid notice, respondent nos.2 and 3 appeared through their counsel. Respondent nos.2 and 3 did not file reply and resultantly vide order dtd. 26/4/2017, their defence was struck off. On 5/2/2020, last opportunity was granted to the parties to address arguments.