DAYAL KRISHNA PHADIYAL Vs. SRIPAL

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to direct the respondents to restore the electricity supply to the petitioner or grant an independent electricity connection.

(2.) Counsel appearing for the petitioner submits that the petitioner submits that the petitioner is a tenant in respect of premises bearing No.D-95, Gali No.4, Laxmi Nagar, Delhi-110 092 wherefrom he is running tailoring and drapping business. Counsel further submits that the petitioner was inducted as a tenant by late Smt.Sumandri Devi who had already expired, leaving behind the respondents as the legal heirs. Counsel further submits that due to dispute between the parties, the electricity supply of the petitioner was disconnected by these respondents on 20.02.2009. Counsel further submits that the petitioner has applied to the respondents for grant of an independent electricity connection to the petitioner but the same was not accepted by the respondents on the ground that the same was not accompanied with a no objection certificate from the landlord. As a proof of tenancy of the petitioner, counsel has placed reliance on the suit for possession and recovery of damages filed by late Smt.Sumandri Devi against the petitioner. In para-4 of the plaint, counsel submits that the landlady has pleaded that the tenancy of the petitioner was oral in respect of the said shop. Counsel has also clarified in para-4 of the said plaint that the municipal number has been wrongly mentioned as B-95 which, in fact, is D-95.

(3.) Counsel appearing for the respondent, on the other hand, submits that the petitioner is not entitled to the grant of any independent electricity connection in view of Annexure-I of Delhi Electricity Supply Code performance Regulations.