Allowed

Smt. Bhagwati Devi W/O Shri Madho Lal Kumhar v. Jaipur Vidyut Vitran Nigam Limited

Rajasthan HC9 Apr 2021CW/2782/2020

Case brief

AI extract

What is this about?

High Court allowed a writ petition seeking quashing of a notice to disconnect electricity and restoration of supply. The Court held that a property dispute does not justify disconnection without a competent court order and directed restoration with costs.

What did the court decide?

The notice to disconnect was quashed, the electricity connection was to be restored, and Rs. 20,000 was awarded as costs.

Smt. Bhagwati Devi W/O Shri Madho Lal Kumhar Vs… — Service and Employment | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2782/2020

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Smt. Bhagwati Devi W/o Shri Madho Lal Kumhar, Aged About 41 Years, Resident Of Plot No. 12, Shakti Nagar Vistar, Shriram Ki Nagal, Sanganer, District Jaipur.

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----Petitioner

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Versus

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Jaipur Vidyut Vitran Nigam Limited, Discome Watika, Sanganer, Distt Jaipur Through Its Assistant Engineer (O And M)

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Chief Engineer Jaipur Vidyut Vitran Nigam Limited, Near Ram Mandir Banipark, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. Rajendra Prasad Gautam
For Respondent(s)	: Mr. Abhishek Sharma

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order

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09/04/2021

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The petitioner by way of this writ petition has prayed as

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under:

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“A. It is for prayed that notice dated 30.12.2019 issued by respondent No.1 i.e. AEN (O&M) JVVNL Watika Teh. Sanganer District Jaipur may kindly be quashed and set aside. B. It is there for humbly prayed that the respondents be directed to restore the Electricity Connection of the petitioner which was disconnected on dated 30.12.2019 on cost of the respondents.

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C. Any other appropriate order or direction which this Hon’ble Court may deem fit and proper in favour of the petitioner may kindly be passed with cost.”

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Learned counsel for the petitioner submits that the petitioner had got electricity connection installed in her house at Plot No. 12, Shakti Nagar Vistar, Village Shriram Ki Nagal, Sanganer, which was allotted to her on 27.10.1996. It is stated that the petitioner constructed her house in 1997 and applied for electricity

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(2 of 3)

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[CW-2782/2020]

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connection. An estimate of Rs. 15,200/- was prepared which was deposited by the petitioner and electricity connection was installed on 08.11.2019. However, on 30.12.2019, the petitioner was asked to produce relevant documents relating to the house, failing which the electricity connection would be disconnected. On the same day, the respondents disconnected the electricity connection of petitioner.

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It is stated that the petitioner had provided all the necessary bills regarding her residing at the place as well as the certificate from the Sarpanch but the respondents did not restore the electricity connection and therefore, she has filed this writ petition.

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Per contra, learned counsel appearing for the JVVNL submits that the place where the petitioner is residing, cannot be said to be in Shakti Nagar Extension, Sanganer, Jaipur, but is of one Shivdaspura Grah Nirman Sahakari Samiti Ltd. and is known as Vaibhav Nagar. It is stated that one connection was released in favour of the petitioner but no connection was installed on 08.11.2019. The Junior Engineer returned back the papers mentioning that there is a dispute regarding property. The Technical Assistant has submitted a complaint on 30.12.2019 stating that he was going to install one meter in some other house but was forced to install the said meter by the petitioner and her husband.

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Learned counsel for the respondents has also placed on record the documents regarding dispute pending between Om Prakash and Madholal to submit that the property does not belong to the petitioner. The Junior Engineer has also placed on record a copy of the interim order dated 13.12.2018 passed in a Civil Suit

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(3 of 3)

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[CW-2782/2020]

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filed by Om Prakash against Madho Lal before the Additional District Judge No. 19, Jaipur Metropolitan, Jaipur to show that there is a dispute relating to the property.

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However, counsel for the petitioner submits that the dispute relating to land owned by her husband approached to the JVVNL by some other person who has filed a civil suit as against the husband of the petitioner. The letter sent by the Technical Helper of being forcefully made to install the meter, also seems to be dubious as the complaint has been made on 30.12.2019 while he has installed the meter long back. No reasons are coming forward for disconnecting the connection on the same day. It appears that the concerned Junior Engineer and Technical Helper prima facie have disconnected the electricity connection of the petitioner and an appropriate enquiry deserves to be conducted against them.

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Be that as it may, it has come on record that the electricity connection was already installed before the complaint dated 30.12.2019 was made and was disconnected without giving any opportunity of hearing also. The dispute as to the title of the plot cannot be a reason for JVVNL to disconnect the electricity connection unless there is a direction from the competent Court.

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The writ petition therefore deserves to be allowed. 9. The respondents are directed to restore the electricity connection of the petitioner and the respondents shall also pay a cost of Rs. 20,000/- to the petitioner for not restoring the electricity connection for more than a year.

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The writ petition is accordingly allowed.

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(SANJEEV PRAKASH SHARMA),J

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Bohra/Pcg/163

Smt. Bhagwati Devi W/O Shri Madho Lal Kumhar v. Jaipur Vidyut Vitran Nigam Limited

Case brief

What is this about?

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Smt. Bhagwati Devi W/O Shri Madho Lal Kumhar v. Jaipur Vidyut Vitran Nigam Limited

Case brief

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What did the court decide?

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