IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19957 of 2009 Decided on : 14.07.2010 Avtar Singh ... Petitioner versus State of Punjab & others ... Respondents CORAM : HON'BLE MR. JUSTICE SURYAKANT Present : Mr. M.S.Joshi, Advocate for the petitioner. Mr. K.D.S.Sidhu, DAG, Punjab for respondents No.1, 5 & 6. Mr. H.S.Thiara, Advocate for respondent No.2 & 3. Mr. M.J.S.Bedi, Advocate for respondent No.7. **** 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest? *** SURYAKANT, J. (1) In the instant petition, the petitioner prays for issuance of a writ of mandamus to direct the respondents No.2 & 3 to re-erect the electric line damaged by respondent No.7 and his sons and restore the supply of electricity to the petitioner. (2) On 29.04.2010, this Court after taking notice of the fact that respondent No.7 had damaged the electric wires and disconnected electricity supply to the petitioner, directed the authorities, namely, respondents No.2 & 3 to restore the electricity supply to the petitioner in the same manner as was originally provided. (3) In compliance thereof, it is stated by learned counsel for CWP No.19957 of 2009 -2- respondents No.2 & 3 as well as learned counsel for the petitioner that electricity supply has now been restored. (4) It is true that respondent No.7 took the law in his own hands and disconnected the electricity supply to the petitioner. However, owing to his plea that the matter was settled or that he has paid the damages, I am not inclined to issue a direction for registration of any criminal case against him at this stage subject to the condition that respondent No.7 shall give an undertaking by way of affidavit before respondent No.3 that in future he shall not disconnect the electric wires or create any hurdle in supply of the electricity. (5) If such an affidavit is filed within a period of two weeks, no FIR shall be registered against respondent No.7 and his sons subject the further condition that in the event of violation of undertaking or any damage caused by them to the electricity supply, respondents No.2 & 3 as well as respondents No.5 & 6 shall take prompt action against him in accordance with law. (6) However, respondent No.7 shall be at liberty to represent before respondents No.2 & 3 to seek realignment of the electric line in accordance with the policy circular of the Board. If such a representation is made by him, the Board authorities may consider and dispose of the same as per policy. (7) Disposed of. (8) Dasti. July 14, 2010 (SURYAKANT) sonia JUDGE