JHARKHAND STATE ELECTRICITY BOARD Vs. SANTOSH KUMAR BEDI

JUDGEMENT

(1.) THE supplementary affidavit filed on behalf of the Board on 4th September. 2001, indicated that the respondent, Santosh Kumar Bedi, had actually himself applied for a commercial connection of power (5 KW). This fact has been admitted by the respondent in reply filed by him on 10th September. 2001, Para 3 and 4 of his said affidavit are referable to this aspect of the matter. Because of the fact that the respondent himself had applied for a commercial connection, the contention raised by Mr. Mittal learned counsel appearing for the respondent, about the applicability of the tariff with respect to the domestic rates - structures for the common areas in a building perhaps will not be held applicable in this particular case because of the above - referred peculiar factual aspect. We do not want to dwell any further on this aspect and based on this observation, we feel that the judgment of the learned Single Judge should be set aside and the appeal be allowed. However, Mr. Mittal learned counsel appearing for the respondent, has informed us that the building in question is a pure residential building and that no part of it is meant for commercial use and that it comprises of 28 residential flats all of the said flats have been sold out. In fact a list of purchasers of 28 flats has been enclosed with the aforesaid reply -affidavit of the respondent as Annexure I thereto.

(2.) AFTER hearing the submission of the learned counsel for the parties and by allowing this appeal finally, we pass the following orders and issue hereinbelow mentioned directions : - -

(3.) APPEAL disposed of.