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2025 DAILYLAW 33161 (HP)

RAJESH KUMAR AND ANOTHER v. THE STATE OF HP AND OTHERS

CWP/19298/2025 · 2025-12-16

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:43928 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 19298 of 2025 Decided on: 16.12.2025 Shri Rajesh Kumar and another … Petitioners Versus The State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioners : M/s Bhagwati Prasad and Ashish Dogra, Advocates. For the respondents : Mr. Pushpender Jaswal, Addl. AG for respondent No. 1. : Ms. Sunita Sharma, Senior Advocate with Ms. Sugandh Verma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have inter alia prayed for the following reliefs:- “(i) That appropriate order/direction and writ may be passed to declare that the action of disconnection of the electricity connections of 35 electricity connection on 20.11.2025 by the Respondent No.1 to 3 are illegal and without the authority of law; (ii) That necessary order, direction and an appropriate writ of mandamus or any such writ be issued to the Respondent No.1 to 3 restore the electricity connections to the occupiers of the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:43928 petitioners premises which were illegally disconnected on 20.11.2025; (iii) That the respondents No. 1 to 3 may be directed to pay a compensation of Rs. 1 lakh to each connection for their illegal action for disconnection of electricity connection;” 2. When this case was listed before the Court on 08.12.2025, the following order was passed:- “Issue notice. Mr. Pushpinder Jaswal, learned Additional Advocate General and Ms. Amrit, Advocate, accept notice on behalf of respondents No.1, 4, 5, 6, 7 and 8 and respondents No.2 and 3, respectively. As prayed for, list on 15.12.2025. Instructions/reply in the meanwhile, in the light of the fact that according to learned counsel for the petitioners, the electricity stands disconnected despite the fact that the order on the strength of which, the disconnection has been ordered has already been stayed by the Revisional Authority-cum-Secretary (PW) vide Annexure P- 15 dated 09.07.2025.” 3. Today, learned Counsel for the petitioners has further apprised the Court that the matter was lastly listed before the Revisional Authority on 27.09.2025 and on said date, the case was fixed for 06.12.2025. However on 06.12.2025, the matter could not be heard as the Court did not assemble. Learned Counsel further 3 2025:HHC:43928 apprised the Court that no actual date was stands in the matter, though the stay has been extended. 4. Learned Senior Counsel for the respondent-Board submitted that there is no infirmity in the act of the respondent- Board of disconnecting the electricity as it was done in compliance to the orders passed by the Authority concerned. 5. Learned Counsel for the petitioners again reiterated that this exactly is the case of the petitioners herein because when the order, on the basis of which, the electricity was disconnected, stands stayed, obviously, status quo ante, as it was existing before disconnection, has to be restored. 6. Learned Senior Counsel, on instructions, submits that the disconnection took place on 20.11.2025, which obviously was after the interim was granted in favour of the petitioner by the Revisional Authority. 7. In light of the peculiar facts of this case, without making any comment on the merit of the case as also the one pending before the Revisional Authority, this petition is disposed of with direction to the respondents to restore the electricity connection of the petitioners forthwith, which restoration will abide by the final outcome of the revision petition that has been preferred by the present petitioners before the Revisional Authority. Obviously, restoration of electricity connection shall not confer any equity in favour of the petitioners and 4 2025:HHC:43928 more so, the petitioners shall have to pay consumption charges once the electricity connection is restored. Needful be done within 72 hours. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge December 16, 2025 (narender)