Rohit Kackar And Ors vs. State Of Haryana And Others
Facts
The petitioners, residents of CHD Spring Valley, Sector 45, Karnal, filed a writ petition seeking a mandamus to direct the respondents to supply electricity connections. The respondent-Nigam (electricity provider) informed the Court that, pursuant to a previous order dated 16.05.2024, they approached the Haryana Electricity Regulatory Commission (HERC) by filing Case No.HERC/P.No.37 of 2024. The HERC, by an interim order dated 23.07.2024, permitted the Nigam to release new electricity connections on the voluntary payment of proportionate charges equivalent to the developer's inadequacy. The Nigam stated that connections would be released upon deposit of ₹9,346.73 plus GST per kilowatt within thirty days.
Held
The Court did not directly rule on the merits of issuing a writ of mandamus in the traditional sense. Instead, it acknowledged the statement made by the learned counsel for the respondent-Nigam regarding the steps taken and the conditions for releasing electricity connections. The Nigam had approached the Haryana Electricity Regulatory Commission (HERC), which, by an interim order dated 23.07.2024, allowed the release of connections upon voluntary payment of proportionate charges equivalent to the developer's inadequacy, specifically ₹9,346.73 plus GST per kilowatt within thirty days. Since the petitioners' counsel had no objection to the petition being disposed of in terms of this statement, the Court ordered accordingly. The ratio decidendi is that when parties agree to a resolution based on regulatory approvals and payment terms, the Court will dispose of the matter based on that consensus.
Key Issues
1. Whether the Court should issue a writ of mandamus directing the respondents to supply electricity connections to the petitioners. The petitioners argued for the issuance of the writ to secure essential services. The respondents, through the Nigam, presented a procedural development involving the Haryana Electricity Regulatory Commission (HERC) and a condition for the release of connections. The core issue revolved around the mechanism and conditions under which the electricity connections would be provided, considering the developer's alleged inadequacy and the regulatory approval process. The arguments focused on the practical steps taken by the Nigam following a prior court order and the HERC's interim directive, rather than a dispute over GST liability itself.
Sections Cited
None explicitly discussed in relation to a dispute, but the context implies provisions related to supply of electricity and regulatory approvals.
AI-generated summary — verify with the full judgment below
101+202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12630-2023(O&M) Decided On: 31.07.2024 ROHIT KACKAR AND OTHERS .....PETITIONER(s) Versus STATE OF HARYANA AND OTHERS
.....RESPONDENT(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Akshay Jindal, Advocate and Mr. Bhavya Vats, Advocate for the petitioners. Ms. Tanushree Gupta, DAG, Haryana. Ms. Sonia Madan, Advocate and Mr. Arvind Seth, Advocate for respondents No.2 and 3. TRIBHUVAN DAHIYA
J.(Oral)
This petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to supply electricity connections to the petitioners, who are residents of CHD Spring Valley, Sector 45, Karnal.
Learned counsel for the respondent-Nigam contend that considering the petitioners’ request in terms of the order dated 16.05.2024, passed by this Court, the Nigam approached the Haryana Electricity Regulatory Commission, Panchkula, by filing Case No.HERC/P.No.37 of 2024, seeking permission to release electricity connections to the petitioners. The Commission, vide order dated 23.07.2024, as an interim measure and to help out the distressed residents/petiti
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.