SASHIKALA VIHAYEK BINEKAR Vs. TORRENT POWER LIMITED

JUDGEMENT

(1.) RULE. Learned counsel, Mr. K. B. Pujara waives service of Rule on behalf of the respondent. At the request of learned counsel for the parties, this petition is taken up for final hearing.

(2.) THIS petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner, who claims to have purchased a flat from one Rajendrakumar Gokulprashad Aherwal on 9th June 2007 by way of power of attorney and sale agreement, for the following relief: "your Lordships be pleased to issue appropriate writ of mandamus, certiorari, prohibition, or any other suitable writ, order in the nature of writ of mandamus to direct the respondent to give electricity supply to the petitioner at the premise. "

(3.) IT is averred in the petition that the erst-while owner, Rajendrakumar Gokulprashad Aherwal [old consumer] had illegally utilized electricity and a case under Section 135 (1) (b) of the Electricity Act, 2003 [for short, 'the Act'] came to be registered against him, and, ultimately, the competent Court under the Act sentenced said Rajendrakumar Gokulprashad Aherwal to undergo R. I. for two years and fine of Rs. 4,50,000/- by judgment and order dated 26th June 2007 in Electricity Special Criminal Case No. 8 of 2007. Against the order, Rajendrakumar Gokulprashad Aherwal filed Criminal Appeal No. 995 of 2007 with Criminal Misc. Application No. 8413 of 2007 in this Court and Rajendrakumar Gokulprashad Aherwal was granted conditional bail of depositing Rs. 1 lakhs.