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2002 DIGILAW 939 (PAT)

Lt. Colonel Ram Randhir Singh v. State Of Bihar

2002-08-29

AFTAB ALAM

body2002
Judgment Aftab Alam, J. 1. Lt. Colonel Ram Randhir Singh, the sole petitioner in CWJC No. 4133 of 2002 and Ram Vijay Singh, the sole petitioner in CWJC No. 9784 of 2002 (intervenor respondent No. 6 in CWJC No. 4133 of 2002) are full brothers. They are in dispute over installation of electricity connections in their respective names in a house situate at R.K. Avenue, bearing Holding No, 222/174 within Circle No. 11 of the Patna Municipal Corporation. The aforesaid house along with certain other properties is the subject matter of a partition case between the two brothers before this Court, along with a third brother, who at the moment is not before this Court. The partition case is at the stage of first appeals which remain pending before this Court. 2. In the aforesaid facts and circumstances, Lt. Colonel Ram Randhir Singh made an application for installation of a electrical connection in his name, claiming that he was in possession of a portion of the holding, roughly to the extent of 1/3rd of its total area. The Electrical Supdt. Engineer on the basis of certain interim orders passed by this Court in the pending first appeals and on the basis of some enquiry report, noted vide his memo No. 1303, dated 31.7.2001 that. t. Colonel Ram Randhir Singh was in fact in possession of a partition of the holding, that there was no impediment in giving more than one electrical connections in the same holding, that there was no previous dues against that holding and in those circumstances directerd forgiving an electrical connection in that holding in the name of the applicant. Lt. Colonel Ram Randhir Singh. Following the direction given by the Electrical Supdt. Engineer, the Electrical Executive Engineer in his turn, vide his letter No. 944, dated 26.11.2001 said more or less the same things and directed fro installation of an electrical connection in the name of Lt. Colonel Randhir Singh in the aforesaid holding. 3. No installation of the electricity line was, however, made, allegedly by the Assistant Electrical Engineer and in those circumstances Lt Colonel Ram Randhir Singh came to this Court in this writ petition. 4. His prayer for installation of electrical connection in his name in the aforesaid holding is opposed more strongly by his brother Ram Ran Vijay Singh than the Board. 5. Mr. 4. His prayer for installation of electrical connection in his name in the aforesaid holding is opposed more strongly by his brother Ram Ran Vijay Singh than the Board. 5. Mr. S.S. Asghar Hussain, learned senior Counsel appearing on behalf of Ram Ran Vijay Singh petitioner in CWJC No. 9784 of 2002 and intervenor respondent No. 6 in CWJC No. 4133 of 2002, strongly denied that Lt. Colonel Ram Randhir Singh was in possession of any portion of the aforesaid holding. Mr. Hussain submitted that the other two brothers were in occupation of portions of other properties, forming the subject matter of the partition case and the holding in question was in exclusive possession of Ram Ran Vijay Singh and any note or finding to the contrary made by the Electrical Supdt. Engineer or the Electrical Executive Engineer was wholly unfounded, baseless and untrue. Mr. Hussain submitted that the application for installation of the electrical connection in his name was a ruse and a device by Lt. Colonel Randhir Singh to lay a claim of possession over the house. 6. In my view, the apprehensions of the other brother represented by Mr. Hussain are somewhat mis-conceived. All questions relating to title, interest, possession, extent of share in the holding in question have to be decided in the partition case which, as noticed above, is at present at the stage of appeal before this Court. The installation of an electrical connection will be completely without prejudice to the respective cases of the parties and the installation of the electrical connection in their respective names in the holding in question shall not be used by any one of them in support of their claim of possession, occupation, directly or through a tenant or in any other manner to create any right, title or interest in the holding in question. 7. Having thus clarified the issue, these two writ petition are disposed of with the direction that the Electricity Board shall give separate electricity connections in holding No. 222/174 in the names of the two brothers on their depositing the necessary fees and satisfying the other conditions. Each of the two brothers shall be responsible for payment of the bills issued in respect of the two meters. Nonpayment of the bill shall naturally lead to the disconnection of the line of the defaulter. Each of the two brothers shall be responsible for payment of the bills issued in respect of the two meters. Nonpayment of the bill shall naturally lead to the disconnection of the line of the defaulter. The installation of the electrical connections shall not confer any right upon any one of the two brothers and their respective rights, interests, extent of share, possession and occupation in respect of the holding shall be decided in the first appeals pending before this Court. 8. In the light of this order, it is expected that the Board shall give the necessary connections without any undue delay and preferably within fifteen days from the date of complying with all the formalities. 9. These two writ petitions stand disposed of with the aforesaid observations and directions.