SHAKUNA KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition filed under Article 226 of Constitution challenges the legality, validity and propriety of the order dated 24.04.2014 (Annexure P/1) where by the respondents have rejected the application of the petitioner seeking fresh electricity connection.

(2.) This is second visit of the petitioner to this Court. Earlier petitioner preferred application seeking electricity connection from the respondents. Respondents did not decide the said application which resulted into filing of WP No.2233/2014. This Court by order dated 09.04.2014 directed the respondents to decide the application within time limit. In turn, by order dated 24.04.2014 the application is rejected.

(3.) Shri A.K. Nirankari, learned counsel for the petitioner assailed the said order on the ground that petitioner is "occupier" and residing with her family in premises situated at Jai Vilas Palace. It is submitted that petitioner along with her husband is in occupation since 1982. Petitioner's husband retired from the service of Jai Vilas Palace in the year 2009. Later on, electricity supply which was provided by Palace was cut off on 16.03.2014. Thereafter the petitioner preferred application for grant of fresh electricity connection which was erroneously rejected by the authorities. It is urged that the reason assigned for not granting connection is not sustainable in law. It is submitted that respondents have erred in holding that in absence of permission of the owner of the palace, electricity connection cannot be granted. He drew attention of this Court on Clause 4.1 and 4.14 of the M.P. Electricity Supply Code, 2004 (Code).