RASHMI AGARWAL Vs. B.S.E.B.

JUDGEMENT

(1.) THE writ petition CWJC No. 2259 of 1999 (R) was preferred by writ petitioner -appellant for direction on the respondent -Electricity Board to give electrical connection in the shop in question. It was rejected by learned single Judge vide impugned judgment and order dated 24th September, 1999 on the ground that there was dues against the Dharmshala. The decision of the Supreme Court in Isha Marble v. B.S.E.B., reported in (1995) 2 SCC 648 was referred but it was observed by learned single Judge that if the principle laid down by the Supreme Court in Isha Marble (supra) is made applicable then no person would like to pay the electrical dues and in order to deprive the Board they can adopt the method as adopted in the present case.

(2.) IN the present case, the appellant took plea that the appellant had no relationship with the trustees of Dharmshala. The decision of the Supreme Court in Isha Marble (supra) being a judgment in rem, should be applied in the present case.

(3.) IN the aforesaid background, the present appeal having become infructuous, we are not inclined to decide the issue in the present case.