Haryana

Yamunanagar

CC/169/2023

Jarnail Singh S/o Balwant Singh - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

Ramnik Garg

06 Mar 2024

ORDER

CC No.169 of 2023.

Jarnail Singh vs. UHBVNL.

 

Present:    Sh.Ramnik Garg, Adv. for complainant.

                 Sh.Balinder Singh, Adv. for opponents.

 

ORDER:

                The case is fixed for arguments, however, counsel for opponents placed on record copy of Civil Suit No.CS/1124/2022 pending in the court of Ld. Civil Judge (Junior Division), Bilaspur (for short Ld. Civil Court) and also placed on record copy of order dated 26.7.2023 passed by the Ld. Civil Court in the Civil Suit, which shows the complainant himself has filed an application under Order 1 Rule, 10 of CPC, before the ld. Civil Court. The Civil Suit before the Ld. Civil Court was filed prior to this complaint and in the civil suit, plaintiff party issued injunction against the UHBVNL, not to erect the electricity line (for short line in dispute) in his land, comprised in Khewat No.70, Khatauni No.88, Khasra No.20//23, situated within H.No.288, Tehsil Bilaspur, Distt. Yamuna Nagar.  The filing of application under Order 1 Rule, 10 of CPC by the complainant, itself proves, the complainant is an affected party, due to pendency of civil suit filed by one Rajiv and during the pendency of the civil suit, which was filed prior to this complaint. If this complaint is accepted against the opponent and civil suit is decreed, then, there may be every possibility of passing of conflicting order, which is not be in judicial propriety.  Under these circumstances, the complaint before this Commission is not maintainable at this stage and is liable to be dismissed. However, in order to maintain the balance and in order to avoid any sort of prejudice to the complainant, if appropriate directions are given to do particular act in time bound manner to the opponent, it will suffice the purpose and ends of justice will meet.

2.           The present complaint is dismissed, being not maintainable at this stage, with the rider, if civil suit filed by one Rajiv is dismissed and after dismissal of civil suit, the opponents shall make every endeavour to release the electricity connection in favour of the complainant, within the period of four months from the date of dismissal of civil suit and in default of it, the complainant will be at liberty to file a fresh complaint, before this Commission. In fresh complaint, the complainant will disclose particulars and fate of this complaint and will attach copy of this order.  File be consigned to the records.

 

                                                                        President,

                                                                        DCDRC, YNR,

L. Member                 Member                        6.3.2024.

 

 

Typed by: Gaphoor Deen, Asstt.