BAR ASSOCIATION, PALAMPUR Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD
LAWS(HPH)-2021-1-44
HIGH COURT OF HIMACHAL PRADESH
Decided on January 07,2021

Bar Association, Palampur Appellant
VERSUS
HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) It becomes apparent on a reading, of, Annexure R3, as becomes appended with the reply, instituted to the writ petition, on behalf of respondent No. 3, that the premises occupied by the Bar Association concerned, is, located, in a building, building whereof, was prior to 16.9.2006, occupied by Court No. II, Palampur. The aforesaid premises, is, therein reflected to become thereafter handed over to the Bar Association, Palampur, and, thereafter, the, electricity bills, as became raised towards electricity generated hence from a meter, installed in the name of, the, Executive Engineer, HPPWD Division, Palampur, rather remained un-liquidated, by the afore, to the HPSEB, whereupon(s), the electricity connection became dis-connected. Moreover, a perusal of the reply, on affidavit, placed on record, by co-respondent No. 3, discloses, in, tandem with the submissions, made herebefore, by the learned counsel appearing for the HPSEBL, that the latter has no objection, in case, the electricity meter, is, re- installed, in the name of the learned Senior Civil Judge, Palampur, however, subject to liquidation(s), to, the supplier concerned, of, outstanding amounts, towards previous therefrom, hence electricity consumption(s). A communication, also occurs at page No. 9, of, the reply/affidavit, furnished by co-respondent No. 3, and its reading reflects, that the learned JMIC, Palampur, District Kangra, was earlier liquidating the charges, arising from consumption, of, electricity, and, the afore liquidation occured only upto, the, stage, of, the premises concerned, being not handed over to the Bar Association. Dehors the above, given, a perusal, of, the conclusion(s), occurring at page 22, of, the reply/affidavit, furnished by the respondent No. 3, and it making unfoldment(s) (i) that the resolution, of, the controversy, appertaining to the liquidation(s), of, the outstanding amount(s), towards electricity tariff, is, rather a condition precedent, for re-installation, of, the apposite meter, in the name of the afore, (ii) and, that since it is, resolvable only through the afore outstanding amount(s), being transferred into the new account, of, the learned Senior Civil Judge concerned, hence with the permission, of, the High Court, (iii) thereupon, the afore impediment or obstacle, becomes amenable, for, its being ironed out, through this Court, (iv) conspicuously, for ensuring the forthwith purveying(s), of, the afore functional basic amenities, of, purveying, to the members, of, the bar concerned, hence electricity to them, at the Bar room concerned, given purveyings thereof, rather being an imperative basic essentiality, hence not only for ensuring imperative presence(s) thereat, of, the Bar members, (v), rather also, is, for ensuring and facilitating the appearance(s), and, concomitant therewith, legal assistance(s), to the Court concerned, by the members of the Bar concerned, whereas, for wants thereof, the efficacious functioning, of, the judicial Courts, and, the efficacious administration, of, justice, rather would become impeded, hence, making a mandamus, upon respondent No. 3. Consequently, co-respondent No. 3, is, directed to, forthwith, ensure that the functional necessity, appertaining to purveying(s), of, the afore basic amenity, to, Bar Association concerned, at the Bar room concerned, is, in consonance with the minutes, of, the meeting, as occurs, at page No. 21, of, the paper book, of the reply furnished by the Registrar General, is, hence forthwith made, to, be purveyed after forthwith completion, of, all codal formalities. Co-respondent No. 3, is, also directed, to ensure that the outstanding amounts, towards electricity tariff, also becomes forthwith liquidated to the HPSEB, Palampur Division, by the establishment, of, the Court concerned, and also shall ensure that, as and when, the apposite electricity tariff bills, are raised, from the newly installed meter, in the name of the learned Senior Civil Judge, Palampur, they shall become defrayed by the establishment, of, the Civil Judge-JMIC, Palampur, to, the supplier concerned.
(2.) In view of afore, the present petition is disposed of. Also, the pending application(s), if any, are disposed of. No costs.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.