S.J.MUKHOPADHAYA, LAXMAN URAON, JJ. - (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. On the other hand, according to the counsel for the Board, the case of Isha Marble (supra) is not applicable in the case of appellant, there being agreed sale of shop between Dharmsala and the appellant. Counsel for the parties referred one or other decision including the decision of the Division Bench of this Court in Bijoy Kumar Tanti v. J.S.E.B. [reported in 2003 (3) JCR .... (Jhr)] in LPA No. 267 of 2002, disposed of on 24.6.2002. Mr. Mittal, counsel for the appellant informed that during the pendency of the appeal, the Board has given electrical connection to the Dharmshala as also the shops situated in the ground floor of the Dharmshala on payment of agreed amount.
(3.) IN the aforesaid background, the present appeal having become infructuous, we are not inclined to decide the issue in the present case. The appellant or the Board may raise issue in an appropriate case and in such case, the judgment in question will not stand in the way of any of the party.;