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2008 DIGILAW 439 (JHR)

Dr. Chandra Bhushan Choudhary v. Jharkhand State Electricity Board Through Its Chairman

2008-04-10

R.K.MERATHIA

body2008
ORDER R.K. Merathia, J. 1. Mr. Sunil Kumar Sinha, appearing for the petitioner, submitted that on the request of respondent No. 4, who happens to be the own brother of the petitioner, the Electricity Board has threatened disconnection of the electric connection being D-39C/D-4197, in the premises of the petitioner. 2. Mr. Prashant Pallav, appearing for respondent No. 4 (R-4) submitted that the said electrical connection stands in the name of R-4, who is the owner of the premises in question, and he has got every right to surrender the said connection, as R-4 wants to make construction as per the sanctioned plan and without disconnection of the electric line, he is not in a position to make any construction. He further submitted that respondent No. 4 was prosecuted on the ground that he made construction in violation of the sanctioned map. He further submitted that R-4 is in part possession of the premises. 3. In reply, Mr. S.K. Sinha disputed that R-4 is in part possession. He submitted that a suit being Title Suit No. 200 of 2000 was filed and against the dismissal of the same, Title Appeal No. 40 of 2007 is pending, in the Court of the learned Judicial Commissioner Ranchi. 4. Thus it appears that there is a dispute between the petitioner and R-4 with regard to right, title, interest and possession over the property in question. At least, it prima facie appears that the petitioner is in occupation of the premises in question, may be partly. 5. It is true that electric connection is standing in the name of respondent No. 4 and he has got every right to surrender. It is submitted by Mr. Sinha that the petitioner applied for fresh electric connection but the same was rejected on the objection raised by respondent No. 4. 6. In the circumstances, the petitioner will make a fresh application for grant of electric connection in the premises occupied by him within two weeks on which the Board will grant electric connection, if the petitioner completes necessary formalities within two weeks thereafter. The Board will accept the surrender of the said electricity connection running in the name of R-4 and will issue an up-to-date bill thereof to the petitioner which will be paid by him within the time given by the Board. The Board will accept the surrender of the said electricity connection running in the name of R-4 and will issue an up-to-date bill thereof to the petitioner which will be paid by him within the time given by the Board. Till the petitioner is granted fresh electrical connection, the present electric connection will not be disturbed. This order will not prejudice the respective cases of the parties in any civil proceedings pending between them. 7. Mr. Pallav submitted that R-4 will appear in Title Appeal No. 40 of 2007 on the next date. The parties will cooperative in early disposal of the said appeal. The learned Judicial Commissioner will also make an attempt for amicable settlement between all the brothers with regard to all their disputes, through mediation/conciliation. With these observations and directions, this writ petition is disposed of. However, no costs. Petition disposed of.