SUBAL BEHERA Vs. EXECUTIVE ENGINEER, CESU, BHUBANESWAR

JUDGEMENT

(1.) The Petitioner assails the action of the Opp. Party in disconnecting the electric supply to his premises. The Petitioner claims that since 1946 the father of the Petitioner & after him the present Petitioner & his family members are continuing to reside in the schedule property till date. The electric connection & the water supply connection were provided to the Petitioner in respect of the scheduled property. The Petitioner was also paying the electricity dues & water tax. The Petitioner was provided electricity domestic connection under consumer No. 01404698 & 01044937. His further case is that he has never defaulted in payment of the electricity dues nor he has violated any of the terms. On the threatened action of eviction by the G.A. Department of Government of Orissa, the Petitioner approached the Learned Civil Judge (Senior Division), Bhubaneswar in Title Suit No. 1.9 of 1998 with the prayer for grant of permanent injunction against the said department & also prayed for declaration of occupancy right of the Petitioner & in the alternative for a declaration that the Petitioner is entitled to occupy the premises as he has perfected his title by way of adverse possession.

(2.) In the meantime, the suit in question was dismissed. The Petitioner filed an appeal against such dismissal. Learned District Judge, Khurda passed an order of status quo in respect of the suit property. The Petitioner however pleads that in order to frustrate the interim order that was to be passed in the appeal before expiry of the limitation, without any notice to the Petitioner, suddenly eviction machineries were brought near the premises of the Petitioner. The Petitioner & his family members are constantly at fear of apprehension that the said eviction team may attack the premises once again & forcibly evict the family of the Petitioner & bring down the structure completely in spite of the status quo, order passed on 11.11.2009. Hence, the Petitioner approached this Court again This Court by Order Dated 11. 12.2009 passed in W.P.(C) No. 17575 of 2009 directed that the Petitioner may file an application, if so advised, before the Learned District Judge, Khurda in the aforesaid appeal in order to implead the Bhubaneswar Municipal Corporation as a party & for a period of six weeks, no coercive, action shall be taken by the Bhubaneswar Municipal Corporation against the Petitioner in respect of the suit land.

(3.) The Opp. Party has filed counter affidavit, inter alia, pleading that the Petitioner was in unauthorized occupation of the plot No. 75. Saheed Nagar, Bhubaneswar. The State Government in General Administration Department under the Joint Eviction Programmer decided to remove the encroachment over the said plot & accordingly, on 10.11.2009, the Addl. Secretary, G.A. Department directed the Opp. Party to disconnect the electric connection to the said plot, so that, the Joint Eviction Programme will be carried out on 11.11.2009.