CWP No.18566 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 18566 of 2008 Date of Decision: 26 - 10 - 2009 M/s Kisco Castings Works, Bhadla Neecha ....Petitioner v. The Punjab State Electricity Board and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Gaurav Chopra, Advocate for the petitioner. Mr.Tajinder Pal Singh, Advocate for Mr. A.P.S. Mann, Advocate for respondents No.1 to 3. Mr.O.P.Sharda, Advocate for Mr.B.S.Walia, Advocate for respondents No.4 and 5. Ms.Monika Jalota, Advocate for Mr.Swarn Sandhir, Advocate for respondents No.6 to 8. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) On 30.10.2008, a Division Bench of this Court had passed the following order:- “Mr.Mann seeks some time to file reply. May do so a week before the date fixed i.e. 11.12.2008. In view of the fact that the order passed by the Punjab CWP No.18566 of 2008 [2] Pollution Control Board recommending disconnection of the supply of electricity has been set aside by the Appellate Authority, therefore, we direct the Punjab State Electricity Board to restore electric connection to the petitioner subject to the rights of the parties in the present writ petition. Let fresh notices be issued to respondents No.4 and 5 for December 11, 2008.” Counsel for the petitioner submit that even after the Appellate Authority had set aside the order passed by the Punjab Pollution Control Board, impugned order Annexure P22, was passed and the electricity connection was disconnected. Counsel submit that now taking into consideration order of the Appellate Authority, electricity connection has been restored and order Annexure P22 should be construed to have been withdrawn. Respondents No.1 to 3 – Punjab State Electricity Board in para 5 of the written statement has stated as under:- “5. That it is further submitted that the averments made by the petitioner that the order dated 06.05.2008 passed by the PPCB was set aside by the Appellate Authority vide order dated 22.07.2008 (Annexure P-16 to the writ petition) was not known to the PSEB. This is all the more apparent from the fact that in the proceedings before the PPCB the PSEB was not a party There were thus no means available with the PSEB to find out that the order dated 06.05.2008 stood vacated by the appellate authority of the PPCB on 22.07.2008.” It is further submitted by counsel for the petitioner that CWP No.18566 of 2008 [3] electricity connection has been restored on 3.11.2008. Since the Appellate Authority had set aside the order which commanded the Electricity Board to disconnect the electricity connection, therefore, impugned order Annexure P22, by efflux of time has lost its relevance and the present writ petition has been rendered infructuous. Dismissed as having been rendered infructuous. ( KANWALJIT SINGH AHLUWALIA ) October 26, 2009. JUDGE RC