HANS RAJ Vs. DAKSHIN HARYANA BIJLI VITRAN NIGAM

JUDGEMENT

(1.) INSTANT regular second appeal has been filed by the appellantplaintiff against the judgment and decree dated 29.09.2010 passed by learned Additional District Judge, Gurgaon, whereby judgment and decree dated 07.06.2010 passed by learned Additional Civil Judge (Senior Division), Gurgaon has been set aside and the suit of the plaintiff for declaration and mandatory injunction has been dismissed. For convenience sake, hereinafter parties will be referred to as they were arrayed in the Court of first instance i.e. appellant as plaintiff and respondents as defendants.

(2.) THE detailed facts are already recapitulated in the judgments of both the Courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are that plaintiff filed a suit for declaration and mandatory injunction against the defendants with the averments that he was having an electricity connection for agricultural purposes. It has been alleged that the concerned area was within the jurisdiction of defendant nos. 1, 2 and 4 and defendant no.3 has got no jurisdiction and he has unauthorizedly inspected the premises of the plaintiff and made a biased report of checking dated 10.12.2007 without authority and as such, the said checking report was illegal, unauthorised and of no avail. It has further been averred that checking party found connection No. RD -437 and RD -438 proper but defendant no.3 has reported that the agricultural connection was being used for domestic purposes. Thereafter, a demand letter dated 11.12.2007 was issued vide which a penalty of Rs.25,675/ - was imposed in view of checking report. It has further been alleged that when defendant no.2 threatened to disconnect the electric connection in an illegal manner, the plaintiff deposited the demanded amount and the said amount was liable to be refunded as the same was on account of illegal imposition of penalty.

(3.) UPON notice, defendants appeared and filed joint written statement taking preliminary objections that the plaintiff has got no locus standi to file the suit; the plaintiff has not come to the court with clean hands and has suppressed material facts from the court; plaintiff was found committing theft of electric energy and thus, proceedings under Sections 135/151 of the Electricity Act, 2003 have been initiated and criminal complaint has also been filed against the plaintiff. On merit, existence of electric connection in the name of plaintiff has been admitted. It was averred that defendant no.3 was specifically deputed for checking the area falling under the Operation Sub Division, Manesar. On 10.12.2007 defendant no.3 checked the premises of the plaintiff and found that agricultural connection was being used for domestic purpose and no agricultural activity was being carried on and electricity charges were being paid on flat rate basis. The report is legal and valid and binding upon him. Besides this, it was averred that civil Court has no jurisdiction to try the suit. Other allegations have been denied as false, frivolous and baseless.