LAWS(MPH)-2014-5-28

ADIT SHARMA Vs. MADHYA PRADESH MADHYA

Decided On May 12, 2014
Adit Sharma Appellant
V/S
Madhya Pradesh Madhya Respondents

JUDGEMENT

(1.) THIS petition is directed against the order dated 06 -02 -2014 (Annexure P -1), whereby the respondents - Madhya Pradesh Madhya Kshetra Vidyut Vitaran Company Ltd [in short "the Company''] informed the petitioner that her application for grant of new industrial electricity connection cannot be accepted because as per checking of her premises held on 07 -08 -2011, certain outstanding dues are payable to the Company. Till such time if such payment is made, no action can be taken.

(2.) CRITICIZING this order, Shri Shukla, submits that an action was taken by the Company against respondents No. 5 and 6. The proceedings under Sections 126 and 135 of the Electricity Act, 2003 [in short " the Act''] is pending against respondents No.5 & 6. Since the petitioner is not responsible for any such consumption of electricity/theft, rejection of the application by Annexure P -1 is impermissible. He relied on the order dated 13 -04 -2012 passed by this Court in the case of Suggamal Chaudhary vs. Madhya Pradesh Madhya Kshetra Vidyut Vitaran Company Ltd. & Another.

(3.) RESPONDENT No.6 submits that he is disputing the tenancy between him and the petitioner. He submits that in the proceedings under Sections 126 and 135 of the Act, his name is falsely implicated. He further submits that the order passed by this Court in Suggamal Chaudhary (supra) has no application.