Shreekant Sharma v. Jharkhand State Electricity Board through its Chairman
2017-12-05
AMITAV K.GUPTA, D.N.PATEL
body2017
DigiLaw.ai
ORDER : D.N. Patel, J. This Letters Patent Appeal has been preferred by the appellant (original petitioner), being aggrieved and feeling dissatisfied by the judgment and order delivered by the learned Single Judge in W.P.(C) No. 3911 of 2014 dated 7th February, 2017, whereby the petition preferred by this appellant was dismissed and the prayer for grant of electricity connection was rejected. Hence, this appellant (original petitioner) has preferred this Letters Patent Appeal. 2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appellant is claiming himself to be a tenant in the premises of one Smt. Durgawati Devi. It appears that before granting the electricity connection in the premises owned by somebody else, there are bound to be few facts which are to be established – (a) Tenancy by the applicant, (b) Permission by the landlord. 3. It appears that this appellant is unable to establish that he is a tenant of Smt. Durgawati Devi. Thus, the first condition is not fulfilled by this appellant. Unless, this fact is established. no electricity connection can be given, otherwise, any illegal entrant or encroacher will also get the electricity connection in the premises of any landlord. This aspect of the matter has' been properly appreciated by the learned Single Judge while dismissing the writ petition preferred by this appellant. 4. Much has been argued out by the counsel for the appellant that permission of the landlord is not required for grant of electricity connection. We are not agreeing with this contention canvassed by the counsel for the appellant because what is required by the electricity company is not the permission of the landlord, but, it is an established fact that the person who has applied for electricity connection is residing in the premises of the landlord, authorisedly. This fact has to be established otherwise, illegal entrant, enter into the premises will apply for electricity connection. Such type of applicants cannot get the electricity connection, unless, he is residing in the premises lawfully and authorisedly. Thus, the signature of Smt. Durgawati Devi is a must. This is not a signature for grant of permission, but, it is a signature, declaring that the applicant is lawfully residing in the premises of the landlord. This crucial aspect of the matter is missing in this case.
Thus, the signature of Smt. Durgawati Devi is a must. This is not a signature for grant of permission, but, it is a signature, declaring that the applicant is lawfully residing in the premises of the landlord. This crucial aspect of the matter is missing in this case. This appellant is neither owner nor a tenant in the premises, and yet he is seeking electricity connection in his name. Hence, no error has been committed by the learned Single Judge while deciding the writ petition preferred by this appellant being W.P.(C) No. 3911 of 2014 dated 7th February, 2017. We see no reason to take any other view than what is taken by the learned Single Judge. Hence, there is no substance in this Letters Patent Appeal and the same, is hereby, dismissed with a cost of Rs. 25.000/- which will be deposited by this appellant before the Secretary, Women & Child Development and Social Security. Government of Jharkhand towards Juvenile Justice Fund and this amount will be used for the welfare of the juveniles. This amount shall be paid in Account No.3734498462-5. Jharkhand Juvenile Justice Fund. State Bank of India. Project Bhawan. Hatia, either by Cheque or Bank Draft within a period of four weeks from today. .