Gian Dass Negi vs T.C. Negi And Ors

Sandeep Sharma, J

By way of present contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the

respondents for having willfully and intentionally disobeyed the directions contained in order dated 29.11.2019, passed by this Court in CWP No 3880

of 2019, titled Gian Dass Negi vs. HPSEB Ltd. , whereby the Division Bench of this Court directed the Electricity Department to provide electricity to

the petitioner, if there is no technical hitch. While passing aforesaid order, the Division Bench of this Court also held that any obstruction caused by

respondent No.5 shall be viewed seriously. Since no steps, if any, ever came to be taken at the behest of the respondents to implement the impugned

order passed by the Division Bench of this Court, petitioner has approached this Court in the instant proceedings for initiation of proceedings against

the respondents.

Respondents No. 1 to 4 in their reply have categorically stated that they are ready and willing to comply with the impugned order, but since the

petitioner is not providing the corridor for laying of the electricity/pole lines, it is not possible to give connection to the petitioner. Respondents have

further stated in their reply that as and when corridor is provided, the electricity connection will be granted to the petitioner immediately thereafter.

Reply filed by respondents further reveals that there is some private dispute between the petitioner and respondent No.5 and as such, respondents are

unable to lay down the electricity line in terms of order alleged to have been violated.

Having perused reply filed by respondents No. 1 to 4, this Court does not find action of the respondents to be contumacious, rather plausible

explanation has been rendered for not implementing the order alleged to have been violated. Since there is a technical hitch, as has been taken note

herein above, respondents have not been able to do the needful in terms of order alleged to have been violated within the time stipulated by this Court.

Consequently, in view of the above, this Court sees no reason to continue with the aforesaid proceedings and accordingly, same are closed.

However, this Court hopes and trusts that respondents would do the needful immediately as and when corridor/line is provided by the petitioner for

laying cable and erection of pole. Notices issued to respondents are discharged at this stage.