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QUERY OF C.W.P ON THE FOLLOWING MATTER

(Querist) 03 August 2008 This query is : Resolved 

ON : 8/1/2008 1:50:38 PM Post New Topic

I has the following query and will be grateful & thankful if i get the expert opinion by the expertise

I have filed the W.P.(Civil) in Hon'ble high court against the company which was given license to supply and distribution of electricity herin after called "licensee" against the notification which was served under section 163 of electricity act-2003 and aginst the replacement of existing meter by the electronic meter

Along with the writ petition, i have also filed the Civil Miscallneous apllication against the stay on disconnection of electricity during the pendency of suit

The writ application was filed in diary but before listing (due to objections in case diary ), the respondent/license managed to change the existing meter with the consent of petitioner under the influence of coercion

The copies of the writ application were already serviced to the standing counsel of the licensee company

What the petioner will now do (as the matter is not heared due to technical objections in the filing )?

Whether another Miscalleneous application needs to filed in case diary or he should wait & watch after the first hearing and let the court know about the facts?

In present scenario , the relief which he has claimed regarding not replacement of meter is not maintainable whether he should file the other application under the same writ application for another relief?
shamit sanyal (Expert) 20 August 2008
Sir your question seems to very un clear.
you say that you have filed the wp then you say the petitioner has changed the wp according to that means that you have only changed the petition.
please note that once an application is filed by affidavit one can not change it with out the leave of the court.
Please also do note that your application is liable to be dismissed(may be with cost) if it is found the copy served upon the standing council is different from that filed.


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