PATEL TEJARAM PADMARAMJI v. DEPUTY EXECUTIVE ENGINEER
2014-04-29
R.M.CHHAYA
body2014
DigiLaw.ai
Judgment (1) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs: “A. This petition may be admitted and allowed. B. Your Lordship may be pleased to issue writ of mandamus, directions, orders, in the nature of mandamus, directions, orders, in the nature of mandamus or any other writs, orders by directing the respondent No.1 and state authority to supply the electricity connection to the petitioner. C. Your Lordship may pleased to quash and set aside the orders passed by the Deputy Collector dated 30102012, order Passed in Electric Appeal No.8/2012 and Your Lordship may be pleased to direct the respondent No.1 to grant electricity connection to the petitioner. D. Your Lordship may be pleased to direct the respondent No.1 by way of interim relief to grant electricity connection pending hearing and final disposal of this petition. E. Any other relief that may be deemed just and proper may also be kindly granted.” (2) Heard Mr. Gaurav Chudasama, learned advocate for the petitioner, Mr. S.P. Hasurkar, learned advocate for respondent No.1 Electricity Company, and Mr. Varun G. Rai, learned advocate for respondent No.2. (3) The petitioner by this has challenged order dated 30.10.2012 passed by City Deputy Collector (East), Ahmedabad in Electric Appeal No.8 of 2012 passed under the provisions of Section 23A of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The petitioner applied for electric connection vide application dated 15.10.2013, which is pending before the respondent-Electricity Company. (4) It may be noted that Civil Suit (CCC) No.1918 of 2011 is pending between the petitioner and respondent No.2 before City Civil Court at Ahmedabad wherein notice of motion is allowed in favour of the petitioner original plaintiff. Learned advocate for respondent No.2 states that respondent No.2original defendant in the said suit has also preferred a notice of motion for certain interim prayers, which is pending. (5) It is appropriate to note that supply of electricity to a consumer by electricity company is governed by the Electricity Supply Code & Related Matters Regulations wherein Section 4 deals with for procedure for grant of electric supply. Section 4 thereof as a whole prescribes for procedure, which is required to be followed by the consumer to avail electric supply from the electricity company.
Section 4 thereof as a whole prescribes for procedure, which is required to be followed by the consumer to avail electric supply from the electricity company. Learned advocate for respondent No.1 Electricity Company has invited attention of this Court, more particularly to Section 4.1.3 of the said Electricity Supply Code, which prescribes as under: “4.1.3 An Applicant, who is not owner of the Premises he occupies, shall, produce proof of his being in lawful occupation of the Premises. He shall, if so required by the Distribution Licensee, execute an indemnity bond prescribed by the Distribution Licensee to indemnify the Distribution Licensee against losses on account of disputes that may arise out of effecting service connection to him.” (6) Learned advocate for respondent No.2 does not invite any reason for allowing this petition in terms of Paragraph No.21 of the petition, more particularly as Civil Suit (CCC) No.1918 of 2011 is pending and notice of motion is filed by respondent No.2 original defendant for certain interim prayers. In light of the aforesaid as the electricity company has no objection to grant electric supply to the petitioner, subject to fulfillment of Section 4.1.3, as quoted hereinabove, respondent No.1 Electricity Company is hereby directed to supply the electric connection to the petitioner, as per the regulations, forthwith on the petitioner fulfilling of the necessary requirements. It is however provided that the petitioner shall file an undertaking before this Court, before the electricity company as well as before City Civil Court at Ahmedabad within a period of one week from today on oath stating that the electric connection, which shall be granted by respondent No.1 Electricity Company as per this order shall be subject to any further orders that may be passed in the pending civil suit, which would ascertain the rights between the petitioner and respondent No.2. Even at the cost of repetition it is stated that as no reasons are invited for coming to this conclusion the same are not provided in the order. (7) It is however made clear that this order shall not prejudice to the rights of the parties before the civil court. (8) In the result, the petition is allowed. Impugned order dated 30.10.2012 passed by City Deputy Collector (East), Ahmedabad in Electric Appeal No.8 of 2012 is hereby quashed and set aside. Respondent No.1 Electricity Company shall carry out the directions accordingly.
(8) In the result, the petition is allowed. Impugned order dated 30.10.2012 passed by City Deputy Collector (East), Ahmedabad in Electric Appeal No.8 of 2012 is hereby quashed and set aside. Respondent No.1 Electricity Company shall carry out the directions accordingly. Rule is made absolute to the aforesaid extent. There shall be no order as to costs.