In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.9469 of 2008 Date of Decision:27-05-2008 M/s Gahir Papers Mill Limited ---Petitioners vs. State of Punjab and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA *** Present: Mr. J.R.Mittal, Senior Advocate with Mr. Rajesh Gupta, Advocate, for the petitioners M.M.KUMAR, J. The petitioners have approached this Court by challenging the order of penalty for consuming the electricity during the weekly off day which has been issued by respondent No. 4- Assistant Executive Engineer, Rural Sub Division, Punjab State Electricity Board, Sunam, District, Patiala. It has been alleged that the norms of weekly off day has been violated by the petitioners on various dates i.e. 19.6.2007. 1.7.2006, 27.8.2007, 11.9.2006 and 15.11.2007. 2. In response to the order dated 8.5.2008 (Annexure P-7), the petitioners in their reply dated 9.5.2008(Annexure P-8) disclosed that the Civil Court decree is operating in their favour which was passed in Civil Suit No. 350 of 10.4.1995 decided on 24.5.1996. According to the C.W.P.No. 9469 of 2008 -2- aforementioned decree, the respondent-Board has been restrained from imposing peak load hours restriction upon the company besides issuing directions to give continuous power supply to the company. The respondent-Board then challenged the aforementioned decree before learned Additional District Judge, Sangrur, but the appeal has been dismissed. Even regular second appeal filed by the respondent-Board before this Court has although been entertained but no stay has been granted. 3. After hearing learned counsel for the petitioners and considering the nature of rights created by the decree and in the facts and circumstances we deem it just and appropriate to direct respondent No. 4 to take cognizance of the reply dated 9.5.2008 (Annexure P-8)sent by the petitioners and reconsider the order dated 8.5.2008 (Annexure P-7). The needful shall be done by respondent No. 4 within a period of four week from the date of receipt of a certified copy of this order. However, power supply to the petitioners shall not be disconnected till a week after the date of decision of respondent No. 4. 4. The writ petition stands disposed of in the above terms. 5. A copy of this order be given dasti on payment of usual charges. (M.M.KUMAR) JUDGE (SABINA) JUDGE May 27, 2008 paramjit