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Madhya Pradesh High Court · body

2024 DIGILAW 647 (MP)

Gurpreet Singh v. Shikha Bhatnagar

2024-10-04

G.S.AHLUWALIA

body2024
ORDER 1. This petition under Article 227 of Constitution of India has been order dated 7.8.2024 passed by 16th Additional Judge to Civil Judge (Junior Division), Jabalpur in RCSA No. 32/2024. 2. An application was filed by petitioner expressinapprehension that landlord/respondent may get the electricity connectherefore, it was prayed that M.P. Poorv Kshetra Vidyut Vitran Co. Ltd. may be restrained from disconnecting the By the impugned order, the said application was rejected on the ground that such power is with the RCA. 3. Challenging the order passed by the Court below, it is submitted by counsel for petitioner that section 38 of M.P. Accommodation would come into picture only if the essential services are withheld or cut off by the landlord. The application was filed before the trial Court under an apprehension that landlord may get the electricity connection disconnected and therefore, the trial Court has a jurisdiction to pass an order of temporary injunction. 4. Per contra, petition is vehemently opposed by counsel for respondent. It is submitted that respondent is a widow lady and petitioner is occupying her property without making payment of rent. Even he has shifted his premise as godown. It is further submitted that takes place, then being the owner of the held responsible, therefore, she had prayed MPKVVCL to disconnect the electricity connection. 5. Heard learned counsel for 6. It is submitted by counsel for petitioner that immediately after rejection of his application, the electricity connection has been disconnected. 7. It is not the case of the parties that petitioner is in arrears of electricity charges. In fact the electricity connection has been disconnected on the instructions of the landlord. Once, the matter is pending before the trial Court for eviction, then MPKVVCL should not have entertained any application for disconnection of the electricity supply without any order by the Court. A landlord who has already instituted a suit for eviction cannot be permitted to harass the tenant by adopting such means. 8. Under these circumstances, this Court is of considered opinion that section 38 of M.P. Accommodation Control Act would have come into operation only after the essential services were withheld or cut off by the landlord and once the application was filed expressing an apprehension, the trial Court should have ensured that no short cut methods are adopted by the landlord to harass the tenant. 9. 9. Since, the electricity connection has been disconnected at the instance of landlord and it is not the case of any of the parties that petitioner is in arrears of electricity charges, therefore this Court is of considered opinion that under the facts and circumstance of the case, MPKVVLC, should not have disconnected the electricity connection. 10. Accordingly, this petition is allowed and order dated 7.8.2024 passed by 16th Additional Judge to the Court of Civil Judge (Junior Division), Jabalpur in RCSA No. 32/2024 is hereby quashed. 11. It is directed that the MPKVVCL shall immediately restore the electricity connection and shall continue to supply electricity unless and until it is directed by the trial Court or the petitioner fails to pay electricity charges.