BALBIR SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs, Balbir Singh, Kartar Singh and Hoshiar Singh sons of Sh. Jowala Singh son of Sh. Santa Singh, all residents of village Dhalle Ke, District Moga had brought a suit against the defendants i.e. Punjab State Electricity Board (hereinafter referred to as PSEB) through its Secretary, The Mall, Patiala and its Executive Engineer and Sub Divisional Officer, stationed at Moga seeking a decree for permanent injunction restraining the defendants from installing a new electric line shown as red in the site plan, besides craving for grant of mandatory injunction directing the defendants to remove the newly installed poles at point AB and the electric wires shown red in the site plan installed in Killa No. 148 forcibly, illegally against the rules and regulations of PSEB and the sanctioned scheme.

(2.) According to the version of the plaintiffs, the suit property was originally owned by their father Jowala Singh, who has since expired and after his death his inheritance had devolved upon the plaintiffs; most of the family members of the plaintiffs are residing abroad; the defendants in collusion with one Chand Singh had installed an electric motor tubewell in the land of plaintiffs; the plaintiffs had already filed a suit for shifting the connection of Chand Singh, which is pending; that two electric poles have been installed in the suit land; the suit property was situated near the abadi area and is recorded as gair mumkin in the revenue record; the plaintiffs want to raise construction in the suit property for residential purposes; a few days before filing of the suit the defendants had drawn new electricity wires shown as red in the site plan and had installed three poles forcibly and illegally; they threatened to continue the supply of electricity through new electric line. According to the plaintiffs in case the defendants succeed in doing so, it would be dangerous to the human beings and the animals of the plaintiffs and it will also create hindrance in the construction work and there had always been an apprehension of spark coming out from the wires. The plaintiffs requested the defendants a number of times to admit their claim and not to take law into their own hands and not to energise the electric line shown as red and further to remove the electric poles but to no effect. Hence the suit in question.

(3.) On notice the defendants had put in appearance through counsel but subsequently they stopped putting in appearance, as such they were proceeded against ex-parte.