KANTILAL THAKKAR Vs. A S E B

JUDGEMENT

(1.) This writ petition is preferred by the petitioner for a direction to the respondent Electricity Board (A.S.E.B.) to provide direct electric connection to the tenanted premises under the occupation of the petitioner on regular basis.

(2.) Petitioner is a tenant under Respondent No. 4 & 5 in respect of a room measuring 18' X 6' which was taken on rent by an oral agreement from the predecessor in interest of Respondent No. 4 &5 in 1950. In the tenanted room the petitioner is doing his sweetmeat business. However, dispute has arisen when electricity supplied from the domestic electricity connection to the tenanted premises in question was disconnected by the Board on the ground that electricity can not be supplied by the domestic consumer of electricity to the premises which is a commercial concern as separate connection meant for commercial purpose is required to be obtained for those business premises. Grievance of the petitioner is that earlier disconnection was not restored by the respondent A.S.E.B. in spite of petitioner's repeated requests resulting his business loss and inconvenience.

(3.) Petitioner's further allegation is that though the petitioner has been paying lump sump electricity charge as fixed by the respondent landlord at the rate of Rs. 250/- p.m. and the same was enhanced to Rs. 1,000/- finally. As the petitioner objected the enhance rent from Rs. 250/- the respondent landlord refused to accept the rend and therefore, petitioner deposited rent in the Court from 1981. Further allegation of the petitioner is thai respondent landlord disconnected the Electric connection and in a proceeding u/s. 144 Cr. P.C. landlord (2nd party therein) directed exparte to restore the electricity on the ground that the petitioner is the recognised tenant' that there is likelihood of breach of peace. Petitioner also alleges that huge amount as advance payment has not been adjusted by the landlord.