R.S.A.No. 1550 of 2001(O&M) {1} In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 1550 of 2001(O&M) Date of Decision:July 24, 2009 Manohar Lal ---Appellant versus Haryana State Electricity Board and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Arvind Singh,Advocate, for the petitioner None for the respondents. *** SABINA, J. Plaintiffs – Manohar Lal. had filed a suit for permanent injunction against the defendants. Senior Sub Judge, Narnaul vide judgment dated 11.12.1995 dismissed the suit of the plaintiff. Aggrieved by the same, plaintiff preferred an appeal and the same was dismissed by Additional District Judge-I, Narnaul vide judgment and decree dated 3.1.2001. Hence, the present appeal. The facts of the case as noticed by the learned Additional District Judge-I, in paras 2 and 3 of its judgment read as under:- “The case of the plaintiff is that he is resident of village Nangal R.S.A.No. 1550 of 2001(O&M) {2} Katha, Tehsil Narnaul, District Mahendergarh and his agricultural land is situated within the revenue estate of the said village. It was alleged that he is owner in possession of the agricultural land situated within the revenue estate of village Chudina, Tehsil Khetri, District Jhunjhunu, Rajasthan just adjacent to the above land upon which he had installed a pumping set and got electric connection No. A-435 AP and he has been regularly paying the electricity charges since ten years. It was alleged that the defendant-respondents are bent upon to dis-connect the electric connection from the above pumping set illegally and forcibly. The plaintiff made several requests to the defendants to admit his claim and not to dis- connect the electricity connection but to no avail, which has necessitated the plaintiff to file the suit. Defendants appeared and filed the written statement controverting the averments of the plaintiff. It was pleaded that the plaintiff is estopped from filing the suit by his own act and conduct; that the electric connection was released to him for the premises situated within the revenue estate of village Nangal Katha, Tehsil Narnaul, District Mahendergarh; that no electric connection can be released beyond the sphere of Haryana State and thus the land is situated within the revenue estate of Rajasthan and the connection is liable to be dis-connected. It was alleged that the suit is liable to be dismissed.” On the pleadings of the parties, trial court framed the following R.S.A.No. 1550 of 2001(O&M) {3} issues:- “(1)Whether the notice bearing No. 48 dated 5.1.1990 issued by defendants to the plaintiff is illegal as alleged, if so to what effect? OPP (2)Whether the suit is not maintainable? OPD (3)Whether the plaintiff is estopped from filing this suit? OPD (4)Relief After hearing learned counsel for the appellant, I am of the opinion that the present appeal deserves to be dismissed. Circular issued by Haryana State Electricity Board dated 28.8.1985 as reproduced in para 12 of the judgment of the trial court reads as under:- “The matter with regard to grant of electric connection on priority for agricultural tube wells and under domestic and commercial category in the area adjoining the border of Haryana with other States like Punjab, U.P. and Raj. has been under consideration of the board for quite some time. It has now been decided that: 1.Tubewell/General connections within 8 Kms. of inter State Border i.e. areas adjoining the territories of the States of Punjab, Rajasthan and Uttar Pradesh be released on priority basis. II. The priority to such applicants be given up to the State of issue of service connection order. III. The electricity in these areas be given during day times as far as possible R.S.A.No. 1550 of 2001(O&M) {4} 2. The Sales Manual Instructions No. 27 shall stand amended to the above extent. 3. The above instructions may please be brought to the notice of all concerned for meticulous compliance. Sd/-Chief Engineer/Commercial HSEB, Chandigarh” Letter issued by the Chief Engineer/Commercial, HSEB, Panchkula dated 8.3.1988, as reproduced in para 14 of the judgment of the trial court, reads as under:- “Sub: Release of electric connection by HSEB in the jurisdiction of the Rajasthan State Elect. Board. Please refer to Sales Circular No. 22/85 conveyed vide this office memo No. CH-147/SS.TR-95(90)/AP/Vol.II dated 28.8.1995 vide which instructions regarding releases of electric connections on priority basis under agricultural, domestic and commercial category within BKMs of Inter-State Borders i.e. area adjoining the territories of the State of Punjab, Rajasthan and U.P. were issued. It has come to the notice of this office that field officers have misinterpreted the instructions contained in the circular referred to above and connections have been allowed in the territory of Rajasthan whereas it was intended to give priority to connections falling within 8 Kms of Inter-State boundary in Haryana territory. Release of connection outside the territory in Haryana should be stopped forthwith. The connections already released beyond the jurisdiction of Haryana are required to be disconnected R.S.A.No. 1550 of 2001(O&M) {5} immediately. The above instructions may be brought to the notice of all concerned for meticulous compliance.” Admittedly, the electricity connection with regard to the tube- well situated in State of Rajasthan is in question. In terms of letter dated 8.3.1988, the electric connections which were already released beyond the jurisdiction of Haryana were immediately required to be disconnected In these circumstance, courts below had rightly observed that the plaintiff should have approached the Rajasthan State Electricity Board for electric connection with regard to a tube well situated in the State of Rajasthan. Electric connection, which was issued to the plaintiff inadvertently, is liable to be disconnected once the mistake was detected in view of letter dated 8.3.1988. No substantial question of law arises in this appeal. Accordingly, this appeal is dismissed. The electric connection installed by Haryana State Electricity Board under mistaken belief be not disconnected till 30.11.2009 so that the standing crops of the appellant would not suffer. In the meantime, appellants, is so advised, can approach the Rajasthan Electricity Board for seeking an electric connection. (SABINA) JUDGE July 24, 2009 PARAMJIT