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Bombay High Court

THOMAS S/O.DAVID MASCERENHASversusTHE STATE OF MAHARASHTRA THROUGH GOVERNMENT PLEADER

Decided
Disposal
DISPOSED OFF

Holding

The petition is dismissed as infructuous, but the petitioner may revive the proceeding if the respondent's claim of restoration is factually incorrect.

Summary

The petitioner, Thomas, filed a writ petition seeking restoration of electricity to his premises after it was disconnected on the allegation of electricity theft. The respondents, including the State of Maharashtra and the electricity supply authority, contended that the petitioner had deposited the disputed amount, after which supply was restored, leaving no live issue. The petitioner's counsel was unable to confirm the restoration and could not be contacted. The court, after considering the submissions, held that the petition was infructuous and ordered its closure, while allowing the petitioner the right to revive the proceeding if the respondent's claim proved factually incorrect. The interim application filed alongside the petition was also disposed of.

Issues considered

  • What is the appropriate judicial response when the alleged ground for disconnection of electricity has been remedied and no live issue remains?
  • Can a writ petition be dismissed as infructuous while preserving the petitioner's right to revive the suit if facts change?

Subjects

  • electricity theft
  • disconnection
  • restoration of supply
  • writ petition
  • infructuous
  • civil procedure

Judgment

                                                            28 WP 748-26 WITH IA 773-26-OS.DOC




                                                                                    Priya Soparkar

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
                                      WRIT PETITION NO. 748 OF 2026
                                                   WITH
                                   INTERIM APPLICATION NO.773 OF 2026
                                                     IN
                                      WRIT PETITION NO. 748 OF 2026
                      Thomas s/o David Mascerenhas                    …Petitioner
                            Versus
                      The State of Maharashtra and ors.             …Respondents


                      Mr. Amit G. Dubey i/by Mr. Ashok M. Saraogi, for the Petitioner.
                      Ms. Kavisha Shah, for the Respondent No.2.
                      Mr. Nishigandh Patil, AGP, for the State.


                                           CORAM: SUMAN SHYAM &
                                                  GAUTAM A. ANKHAD, JJ.
                                           DATED:      5th OCTOBER, 2026.
                      PC:-

                      1.     The core controversy in this Writ Petition is pertaining to

                      disconnection of electricity to the Petitioner’s premises on the

                      alleged ground of theft of electricity. The Petitioner is seeking

                      restoration of connection to his premises by filing the present

                      Petition.

         Digitally


                      2.     Today when the matter is called out, Ms. Kavisha Shah,
         signed by
         PRIYA
PRIYA    RAJESH
RAJESH   SOPARKAR
SOPARKAR Date:
         2026.10.06
         10:24:07
         +0530


                      learned counsel appearing for the Respondent No.2 submits that

                      pursuant to the deposit made by the Petitioner of the disputed




                                                    Page 1 of 2
                                      28 WP 748-26 WITH IA 773-26-OS.DOC




amount, which has been transferred to the Respondent No.2,

electricity supply has since been restored to his premises.

Therefore, no live issue survives in this Writ Petition. Although

time was granted to Mr. Amit G. Dubey, learned Counsel for

Petitioner to seek confirmation of the same, he submits that no

contact could be established with the Petitioner. Mr. Dubey,

however, submits that since the learned counsel of the Respondent

No.2 had made a submission, on instructions, this matter can be

closed by reserving right of the Petitioner, to re-agitate the matter,

if and when such occasion arises.


3.    Taking note of the submissions of the learned counsel for the

parties,   this Petition is closed, as infructuous. However, the

Petitioner would be at liberty to revive this proceeding, by

demonstrating that the submission of the learned Counsel for the

Respondent No.2 was factually incorrect.


4.    Interim Application also stands disposed of.




(GAUTAM A. ANKHAD, J.)                          (SUMAN SHYAM, J.)
                                                                       {




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