CWP No.21368 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.21368 of 2008 Date of decision : 1-12-2009 Punjab State Electricity Board and another .... Petitioners VERSUS Raj Kumar and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Parminder Singh, Advocate, for the petitioner. Mr. H.N.S. Gill, Advocate. KANWALJIT SINGH AHLUWALIA, J. (Oral) Punjab State Electricity Board has filed present writ petition. Raj Kumar - respondent no.1 was a proprietor of petrol pump under the name and style of M/s Kisan Filling Station, situated on Sangrur Patran, District Patiala. The flying squad of Electricity Board conducted a raid on the petrol pump and found that respondent no.1 has inserted magnate and the electricity meter was not functioning. The matter was referred to Permanent Lok Adalat (Public Utility Services), Patiala. The impugned order passed by Permanent Lok Adalat (Annexure P-3) is assailed in this writ petition. Counsel for the petitioners has stated that demand raised was Rs.2,83,874/- on account of theft of electricity. Respondent no.1 CWP No.21368 of 2008 -2- had deposited Rs.1,40,000/-. Counsel for the petitioners has further stated that the Permanent Lok Adalat had neither recorded the agreement of the parties nor adjudicated upon the dispute under Section 22-C (8) of the Legal Service Authority Act. It is submitted that Lok Adalat ordered refund of Rs.8000/- from the amount of Rs.1,40,000/- deposited by the consumer. It is submitted for doing this exercise Lok Adalat has given no finding or justification. Counsel for the respondents has stated that a mutual agreement was arrived between the parties but the same is not reflected in the order. Counsel further state that in a similar case decide on a same day Order (Annexure R-1) was passed by the Lok Adalat and the same has been accepted by the petitioners. Counsel for the respondents further state that matter can be remanded back to Permanent Lok Adalat for amicable resolution of the dispute so that this fact is brought on record. Counsel for the petitioners has no objection to the argument advanced by the petitioner that case be remanded back. Consequently, impugned Order (Annexure P-3) is set aside and the matter is remanded back to Permanent Lok Adalat to pass order afresh in consonance with the provisions of law. Petition is disposed of. (KANWALJIT SINGH AHLUWALIA) 1-12-2009 JUDGE manju