Bombay High Court
THOMAS S/O.DAVID MASCERENHASversusTHE STATE OF MAHARASHTRA THROUGH GOVERNMENT PLEADER
- Decided
- Disposal
- DISPOSED OFF
Holding
The petition is closed as infructuous, with liberty granted to the petitioner to revive the proceeding if the respondent's submission is factually incorrect.
Summary
The petitioner, Thomas, challenged the disconnection of electricity to his premises on the allegation of theft, seeking restoration through a writ petition. The respondent (the electricity supplier) contended that the petitioner had deposited the disputed amount, after which supply was restored, leaving no live issue. The court noted that the petitioner could not be contacted to confirm the restoration and, based on the respondent’s submission, deemed the petition infructuous. Consequently, the court closed the petition, allowing the petitioner the right to revive the proceeding if the respondent’s claim proves factually incorrect. The interim application was also disposed of.
Issues considered
- Whether a writ petition for restoration of electricity remains maintainable after the alleged disputed amount has been deposited and supply restored.
- Whether the petition is infructuous in the absence of a live issue.
Subjects
- electricity theft
- disconnection
- writ petition
- restoration of service
- 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
signed by
PRIYA
RAJESH
PRIYA
RAJESH
SOPARKAR
2. Today when the matter is called out, Ms. Kavisha Shah,
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
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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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