Allowed

Roshan Lal Chouhan v. Jodhpur Vidhyut Vitran Nigam Ltd.

Rajasthan HC16 Dec 2021CW/7028/2019

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to grant an electricity connection. The High Court directed Respondents to grant an independent connection to the petitioner as an occupier within fifteen days, clarifying that lack of title does not justify rejection under Section 43.

What did the court decide?

Directing respondents to grant independent electricity connection to petitioner within fifteen days after ascertaining compliance with Section 43, explicitly excluding lack of title as a ground for re

Roshan Lal Chouhan Vs Jodhpur Vidhyut Vitran Nigam… — Service and Employment | Rajasthan HC (2021)

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(1 of 3)

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[CW-7028/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 7028/2019

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Roshan Lal Chouhan S/o Late Bhanwar Lal Chouhan, Aged About 53 Years, Resident Of Shakti Tailor, Mahadev Gali, Falna Station, Tehsil Bai, District Pali.

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----Petitioner

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Versus

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Jodhpur Vidhyut Vitran Nigam Ltd., Falna, District Pali. 2. Assistant Engineer, Jodhpur Vidhyut Vitran Nigam Ltd., Falna, District Pali.

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Shanti Bai W/o Late Bhanwarlal Chouhan, Aged About 70 Years, Resident Of Shakti Tailor, Mahadev Gali, Falna Station, Tehsil Bali, District Pali.

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----Respondents

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For Petitioner(s) : Mr. Nitesh Mathur For Respondent(s) : Mr. Jagdish Kumar Vishnoi Mr. Talbaz Ahmed for Mr. Firoz Khan

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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16/12/2021

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Learned counsel for the petitioner has draw the attention of this Court towards the Section 43 of the Electricity Act, 2003, which reads as follows:-

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"Section 43. (Duty to supply on request): ---

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(1) 1[Save as otherwise provided in this Act, every distribution] licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply:

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Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, th e distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within

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(2 of 3)

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[CW-7028/2019]

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such period as may be specified by the Appropriate Commission:

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Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consid er necessary for electrification of such village or hamlet or area.

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1[Explanation.- For the purposes of this su b-section, “application” means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances.]

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(2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving el ectric supply to the premises specified in sub-section (1) :

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Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the lic ensee to pay to him such price as determined by the Appropriate Commission.

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(3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default. "

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Learned counsel for the petitioner submits that the petitioner is the occupier.

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Learned counsel for respondent-electricity department submits that the property belongs to respondent No.3 and she has transferred the title to the other brother, and therefore, the electricity connection in question cannot be given. Learned counsel for the respondent further submits that the respondent No.3 gave an affidavit that she does not want to continue the electricity connection.

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In view of the above, the present petition is disposed of while directing the respondents to grant independent electricity connection to the present petitioner after ascertaining that he is complying with the Section 43 of the Electricity Act. Such

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(3 of 3)

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[CW-7028/2019]

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consideration shall be made by the respondents within a period of fifteen days from today.

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It is made clear that the petitioner's application shall not be rejected only on the count that he has not having title and his status as occupier shall be seen while deciding the application for fresh electricity connection.

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Stay petition as well as all pending applications also stand disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI),J.

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150-Sudheer/-

Roshan Lal Chouhan v. Jodhpur Vidhyut Vitran Nigam Ltd.

Case brief

What is this about?

What did the court decide?

Roshan Lal Chouhan v. Jodhpur Vidhyut Vitran Nigam Ltd.

Case brief

What is this about?

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