Allowed

Sonalben Ganpatji Thakor v. Uttar Gujarat Vij Company Ltd.

Gujarat HC7 Aug 2019SCA/10808/2019

Case brief

AI extract

What is this about?

Petitioner sought electricity connection under Article 226, alleging husband disconnected power in matrimonial disputes. Court found petitioner occupies a property with her sons, has paid bills, and is entitled to connection despite husband's application. Urteil directed Respondent to restore power upon application.

What did the court decide?

Directed the Electricity Company to restore electric connection to the premises in occupation of the petitioner upon application to Consumer Nos. 27149/00965/4 and 27149/00965/6.

Sonalben Ganpatji Thakor Vs Uttar Gujarat Vij Company… — Service and Employment | Gujarat HC (2019)

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C/SCA/10808/2019 JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10808 of 2019

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FOR APPROVAL AND SIGNATURE:

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HONOURABLE MR.JUSTICE A.Y. KOGJE Sd/-

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1	Whether Reporters of Local Papers may be allowed to see the judgment ?	NO
2	To be referred to the Reporter or not ?	NO
3	Whether their Lordships wish to see the fair copy of the judgment ?	NO
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	NO

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SONALBEN GANPATJI THAKOR

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Versus

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UTTAR GUJARAT VIJ COMPANY LTD.

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============================================= Appearance:

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D B GOHEL(7819) for the Petitioner(s) No. 1

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MS LILU K BHAYA(1705) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 07/08/2019

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ORAL JUDGMENT

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RULE . Learned Advocate, Ms Lilu Bhaya waives service of rule on behalf of the respondent.

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The present petition is filed under Article 226 of the Constitution of India, praying for providing electric supply to the petitioner having Consumer Nos.27149/00965/4 and

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Page 1 of 3

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C/SCA/10808/2019 JUDGMENT

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27149/00965/6.

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Learned Advocate for the petitioner submitted that the petitioner after the marriage with Ganpatji Becharji Thakor who is registered consumer of electric connection, has been residing at the matrimonial home for more than 20 years and out of the wedlock, has two sons. On account of the matrimonial disputes, husband is making an attempt to throw the petitioner out of the matrimonial home, which is located in the agricultural field.

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It is submitted that several proceedings are going on account of the matrimonial disputes, including the proceedings under the provision of Domestic Violence Act and proceedings for maintenance of the petitioner and the sons.

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From the record it appears that the petitioner is in occupation of premises and the name of two sons are entered into the revenue record. On account of the matrimonial disputes only and to harass the petitioner, the husband of the petitioner made application for disconnecting the electric power supply. The petitioner had therefore, objected by letter dated 24-05-2019 against the disconnection.

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Learned Advocate for the Electric Company submitted that the Company is not concerned with the internal dispute between the husband and wife and if wife is in occupation of the matrimonial home, such occupier is entitled to electric connection.

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Having considered the rival submissions of the parties and having perused the documents on record, it appears that the revenue record produced indicates that the name of sons are entered in the revenue record along with co-owners of the said premises. The proceedings arising out of the matrimonial disputes are also produced on record, more particularly

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Page 2 of 3

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C/SCA/10808/2019 JUDGMENT

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Special Civil Suit No.16 of 2018 is filed by the petitioner for partition of the property. Prima facie, it appears that the petitioner is entitled to occupy the matrimonial home and therefore, entitled to get electric connection. It is found that the petitioner, who is in occupation of the premises, has paid the bills for electric consumption and there does not appear to be any dispute with regard to non-payment of electricity bills. The electric supply is disconnected to the premise, which is in occupation of the petitioner and therefore, it would be appropriate to direct the petitioner to make an application for reconnection or power supply to Consumer No.27149/00965/4 and 27149/00965/6 running in the name of husband of the petitioner and upon such application being made, the Electric Company shall restore the electric connection forthwith in accordance with law.

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The petition stands allowed to the aforesaid extent. Rule is made absolute with no order as to costs.

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Direct service is permitted.

Sd/-

(A.Y. KOGJE, J)

PARESH SOMPURA

Page 3 of 3

Sonalben Ganpatji Thakor v. Uttar Gujarat Vij Company Ltd.

Case brief

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What did the court decide?

Sonalben Ganpatji Thakor v. Uttar Gujarat Vij Company Ltd.

Case brief

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