- (1.) This regular second appeal by plaintiff is directed against the judgment and decree dated 24.02.2009 passed by learned Civil Judge (Sr. Divn.), Hisar whereby suit for declaration, permanent and mandatory injunction filed by appellant-plaintiff has been decreed and against the judgment and decree dated 03.01.2014 passed by learned Additional District Judge, Hisar whereby two separate appeals preferred by appellant-plaintiff and respondents-defendants have been dismissed vide common judgment.
(2.) For convenience sake, hereinafter reference to parties is being made as per their status in the suit.
(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are to the effect that the plaintiff is running a small flour mill in village Talwandi Rana at District Hisar. In the intervening night of 26/27.04.2003, at about 1.00 A.M, officials of defendants conducted a surprise raid in the premises of flour mill of the plaintiff and checked the meter and electricity supply of flour mill. Everything was found to be in order but the officers demanded illegal gratification from the plaintiff. When plaintiff refused to oblige them, they prepared false and baseless report under fire. The defendants also got registered FIR No.217 dated 07.05.2005,under Section 39 of the Indian Electricity Act against the plaintiff. Checking report was prepared and notice of assessment bearing memo No.1131 dt. 29.04.2003 was also issued by defendant no.2 to the plaintiff whereby plaintiff was intimated that during inspection of his flour mill, a malpractice was found whereby electricity was being directly extracted from L.D. System through 3 Nos. single core cables from L.T.Pole to outgoing of fuse unit bye passing the energy metre by making the MCB off. Consequently, the defendants imposed penalty of Rs. 22,02,139/- upon the plaintiff. Amount of compensation was calculated for the period w.e.f 28.11.2002 to 27.04.2003. The plaintiff was directed to rectify the malpractice within 48 hours. The defendants directed the plaintiff to make payment of Rs. 22,21,257/- vide electricity bill bearing No.92 dated 18.05.2003. It was pleaded that above mentioned checking report, notice of assessment and bill issued by the defendants are wrong, illegal, null and void and against the principles of natural justice and are liable to be set aside on the grounds taken in para no.4 of the plaint. The plaintiff requested the defendants to withdraw the impugned notice but they finally refused. Hence, suit was filed for decree for declaration that checking report dated 26/27.04.2003, notice of assessment dated 29.04.2003 and bill no.92 dated 18.05.2003 issued by the defendants are illegal, wrong and liable to be set aside and plaintiff is also entitled for permanent and mandatory injunction restraining the defendants from recovering the impugned amount of Rs. 22,02,139/- from the plaintiff and defendants may be directed to restore the electricity connection to the plaintiff.;