LAWS(UTN)-2014-4-100

KARNAIL SINGH Vs. ASHOK KUMAR

Decided On April 03, 2014
KARNAIL SINGH Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) Present petition is filed assailing the order dated 02.09.2005 passed by Prescribed Authority/Civil Judge (JD), Khatima, Udham Singh Nagar whereby application moved by the tenant/petitioner, herein, under Section 27 of the U.P. Act No. 13 of 1972 for restoring the electricity connection was dismissed. Brief facts of the present case, inter alia, are that petitioner, claiming himself to be a tenant of shop, in question, moved an application under Section 27 of the Act saying electricity connection was got disconnected on 20.07.2005 by the landlord/respondent, herein, with the collusion of Electricity Department, therefore, same may be restored.

(2.) Learned Prescribed Authority in the, impugned order has observed that as per report of the Electricity Department, Electricity Connection No. H504/0111953 was issued in the name of Lakhiram, son of Chatramal, resident of Kichcha Road, Sitarganj, earlier tenant of shop, in question and that connection was disconnected permanently on 23.12.1999 and it was never restored after 23.12.1999, therefore, allegation of the tenant/petitioner, herein, that the same was got disconnected on 20.07.2005, is not correct.

(3.) I have heard Mr. Bharat Tiwari, learned counsel for the petitioner and Mr. M.C. Pandey, Sr. Advocate assisted by Mr. Devesh Upreti, Advocate for respondent and have carefully perused the record.