High CourtsDivision Bench(2021) 01 SHI CK 0163

Bar Association, Palampur vs Himachal Pradesh State Electricity Board Ltd And Others

High Court Of Himachal Pradesh · Decided on 7 January 2021

HON’BLE JUDGES
Sureshwar Thakur, J · Chander Bhusan Barowalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 6411 Of 2020

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Judgment

30 paragraphs · 634 words

 Sureshwar Thakur, J

1.

It becomes apparent on a reading, of, Annexure R-3, as becomes appended with the reply, instituted to the writ petition, on behalf of respondent

No. 3, that the premises occupied by the Bar Association concerned, is, located, in a building, building whereof, was prior to 16.9.2006, occupied by

Court No. II, Palampur. The aforesaid premises, is, therein reflected to become thereafter handed over to the Bar Association, Palampur, and,

thereafter, the, electricity bills, as became raised towards electricity generated hence from a meter, installed in the name of, the, Executive Engineer,

HPPWD Division, Palampur, rather remained un-liquidated, by the afore, to the HPSEB, whereupon(s), the electricity connection became dis-

connected. Moreover, a perusal of the reply, on affidavit, placed on record, by co-respondent No. 3, discloses, in, tandem with the submissions, made

herebefore, by the learned counsel appearing for the HPSEBL, that the latter has no objection, in case, the electricity meter, is, re- installed, in the

name of the learned Senior Civil Judge, Palampur, however, subject to liquidation(s), to, the supplier concerned, of, outstanding amounts, towards

previous therefrom, hence electricity consumption(s). A communication, also occurs at page No. 9, of, the reply/affidavit, furnished by co-respondent

No. 3, and its reading reflects, that the learned JMIC, Palampur, District Kangra, was earlier liquidating the charges, arising from consumption, of,

electricity, and, the afore liquidation occured only upto, the, stage, of, the premises concerned, being not handed over to the Bar Association. Dehors

the above, given, a perusal, of, the conclusion(s), occurring at page 22, of, the reply/affidavit, furnished by the respondent No. 3, and it making

unfoldment(s) (i) that the resolution, of, the controversy, appertaining to the liquidation(s), of, the outstanding amount(s), towards electricity tariff, is,

rather a condition precedent, for re-installation, of, the apposite meter, in the name of the afore, (ii) and, that since it is, resolvable only through the

afore outstanding amount(s), being transferred into the new account, of, the learned Senior Civil Judge concerned, hence with the permission, of, the

High Court, (iii) thereupon, the afore impediment or obstacle, becomes amenable, for, its being ironed out, through this Court, (iv) conspicuously, for

ensuring the forthwith purveying(s), of, the afore functional basic amenities, of, purveying, to the members, of, the bar concerned, hence electricity to

them, at the Bar room concerned, given purveyings thereof, rather being an imperative basic essentiality, hence not only for ensuring imperative

presence(s) thereat, of, the Bar members, (v), rather also, is, for ensuring and facilitating the appearance(s), and, concomitant therewith, legal

assistance(s), to the Court concerned, by the members of the Bar concerned, whereas, for wants thereof, the efficacious functioning, of, the judicial

Courts, and, the efficacious administration, of, justice, rather would become impeded, hence, making a mandamus, upon respondent No. 3.

Consequently, co-respondent No. 3, is, directed to, forthwith, ensure that the functional necessity, appertaining to purveying(s), of, the afore basic

amenity, to, Bar Association concerned, at the Bar room concerned, is, in consonance with the minutes, of, the meeting, as occurs, at page No. 21, of,

the paper book, of the reply furnished by the Registrar General, is, hence forthwith made, to, be purveyed after forthwith completion, of, all codal

formalities. Co-respondent No. 3, is, also directed, to ensure that the outstanding amounts, towards electricity tariff, also becomes forthwith liquidated

to the HPSEB, Palampur Division, by the establishment, of, the Court concerned, and also shall ensure that, as and when, the apposite electricity tariff

bills, are raised, from the newly installed meter, in the name of the learned Senior Civil Judge, Palampur, they shall become defrayed by the

establishment, of, the Civil Judge-JMIC, Palampur, to, the supplier concerned.

2.

In view of afore, the present petition is disposed of. Also, the pending application(s), if any, are disposed of. No costs.