ABHIMANYU DAS Vs. ASSISTANT GENERAL MANAGEER (ELT.)

JUDGEMENT

(1.) This writ petition is under Article 226 and 227 of the Constitution of India for issuance of direction upon the opposite parties to give electric service connection to the house of the petitioner on the basis of his application and payment already made within stipulated period.

(2.) The case of the petitioner in brief is that he is residing in his own ancestral house in complete darkness without any electricity connection, as such made an application on 05.09.2012 in the prescribed form with other requisite documents before the local electricity authority for connection of electricity supply to his house. After receiving the aforesaid application, opposite party no.3 has issued a letter vide no.356 dtd.18.09.2012 directing him to produce his documents regarding his residential land / ROR and receipt of holding tax and to intimate if any civil dispute over his homestead land before any court is pending, if so, it is not possible for the licensee to supply new electricity connection. After getting such notice, the petitioner has submitted the copy of ROR of his homestead land before the opposite party no.3, being not satisfied with the same, the electricity connection was denied by the authority on the ground that a civil suit being Civil Suit No.835 of 2011 is pending over the property in question in which an order to maintain status quo on the plot in question, has already been passed.

(3.) While on the other hand, learned counsel appearing for the opposite party submits that on the basis of an application made by him temporary connection was given in the aforesaid premises but since it was objected by one of the title holder, who is party to the Civil Suit No.835 of 2011, the electricity connection has been disconnected. It has been stated by the learned counsel that merely on account of the fact that an applicant is occupier, does not mean that electricity connection will be provided, rather occupier always mean the legal occupier and even if the provision of Section 43(1) will be taken into consideration, the same stipulates that the electricity line shall be provided on an application by the owner or occupier of any premises but the provision of Section 43(1) cannot be read with isolation, rather it is to be read together with the provision of Odisha Electricity Regulatory Commission Distribution (Condition and Supply) Code, 2004 wherein under the provision of regulation 4(1) it has been provided that application after filling in shall be signed by the owner or the lawful occupier with the consent of the owner of the premises for which supply is required. In view thereof if the provision as contained in Section 43(1) will be read together with the provision of Regulation 4(1) of the Code, 2004, the petitioner cannot claim as a matter of right the electricity connection.