DEVENDRA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri D.P. Singh, Learned Counsel for the Petitioner. Shri Pankaj Shukla appears for the Respondents.

(2.) The Petitioner is a tenant of House No. 18, Ram Bagh Colony, Meerut. He was drawing and consuming electricity in his tenanted portion vide Connection No. 0817/313301 [1 KW (Commercial)]. By this writ petition the Petitioner is praying for quashing the notice dated 22.6.2011 issued by the SDO Vth, EUDD Sub Division Vth, Rangoli, Meerut asking the Petitioner to show-cause within a period of three days as to why his electricity connection may not be disconnected for concealing facts in his declaration dated 13.6.2011 with regard to his tenancy. The notice refers to a complaint made by Smt Chandrakanta, the landlady made on the same day on 13.6.2011, informing the electricity department that she had given a notice on 4.4.2011 terminating the tenancy of the Petitioner, and has filed suit for eviction against the tenant in the District Court, Meerut.

(3.) Learned Counsel for the Petitioner submits that a valid electricity connection cannot be disconnected on the ground that there is dispute between the landlord and tenant He submits that the Respondents have disconnected the electricity of the tenanted portion on 28.6.2011 without there being any inspection or complaint of unauthorized use, theft, or non-payment of bills.