- (1.) This writ application has been filed for quashing the order/judgment dated 31.12.2007 passed by Electricity Ombudsman, Jharkhand in case no. EOJ/08/2007, whereby and where under learned Ombudsman set aside the majority judgment of Vidyut Upbhokta Shikayat Niwaran Forum, JSEB ( herein after referred as the Forum) in Case No.18 of 2006 and declare that disconnection of electrical connection from the premises of the respondent is illegal, therefore, the respondent is entitled for compensation.
(2.) It appears that the Damodar Valley Corporation( herein after referred as the DVC) had filed a writ application in this court vide W.P.(C) No.1514 of 2004, for issuance of a direction, restraining the petitioner ( JSEB) from supplying electricity to M/s Sai Electro Casting Pvt. Ltd. and M/s Akshay Technology Pvt. Ltd ( sole respondent of this case ) in view of the provision of Section 18 of the D.V.C Act, 1948. It was contended in the above writ application that the JSEB has no power to supply electricity in the command area of D.V.C. at the pressure of 30,000 volt, without the consent of DVC. It appears that the aforesaid writ application was allowed by the learned Single Judge vide his order dated 01.10.2012 and the petitioner( J.S.E.B.) was directed to disconnect the electricity from the premises of the aforesaid two consumers. It further appears that M/s Sai Electro Casting Pvt. Ltd as well as the sole respondent challenged the aforesaid order of learned Single Judge by filing two separate Letters Patent Appeals being L.P.A.No. 76 of 2003 and L.P.A.No. 97 of 2003 respectively. It further appears that both the letters patent appeals dismissed by the Division Bench of this Court vide judgment dated 20.08.2003.
(3.) Thereafter, M/s Sai Electrocasting Pvt. Ltd. filed special leave to appeal in which leave has already been granted on 02.08.2004 and Civil Appeal No. 5113 of 2004 registered. However, it is stated that the judgment of Division Bench of this Court has not been stayed by the Hon'ble Supreme Court.;