SHUSHMA RANI Vs. DAKSHIN HARYANA BIJLI VITRAN NIGAM

JUDGEMENT

(1.) The petitioner - Shushma Rani has filed revision petition under Article 227 of the Constitution of India for setting aside impugned order dtd. 13/9/2023, Annexure P-1 passed by learned Additional District Judge, Fatehabad and another order dtd. 21/8/2023, Annexure P-2 passed by learned Civil Judge (Junior Division), Ratia vide which the request of the petitioner/plaintiff for ad interim injunction for the electricity connection in her name being occupant of the premises was declined.

(2.) The brief facts of the case are Shushma Rani filed suit for declaration to the effect that she is entitled for domestic supply electricity connection in her name under her occupation on the ground floor part of matrimonial home/shared household i.e. House No. 201, Ward No. 10, Ratia, as per Electricity Act, 2003 with the consequential relief of mandatory injunction directing the defendants to provide the fresh electricity connection in her name. In the said plaint, the petitioner/plaintiff had filed application under Order 39 Rules 1 and 2 read with Sec. 151 of C.P.C. seeking ad interim injunction. The learned counsel for the petitioner/plaintiff argued that the petitioner/plaintiff is residing in the matrimonial home since her marriage. She is having a minor daughter. She resides on the ground floor of the said house, which is in the name of her father-in-law Sanjiv Kumar, defendant No. 3. There was electricity connection No. 0826761000 in the name of Sanjiv Kumar. There was matrimonial dispute with her husband and in-laws family. The defendant No. 3 father-in-law did not pay the electricity bill amounting to Rs.63,000.00, resultantly, the electricity connection was disconnected by defendants No. 1 and 2 on 21/6/2023. Now, the present petitioner/plaintiff is seeking separate electricity connection in her own name in the portion occupied by her where she is residing with her minor child. The defendants No. 1 and 2 have refused to release the electricity connection as they are demanding ownership proof and NOC from the registered owner of the house. The learned counsel for the petitioner has relied upon one citation in Criminal Appeal No. 810 of 2022 arising out of Special Leave Petition (Criminal) No. 8917 of 2019, decided on 13/5/2022, titled "Dilip (dead) through Lrs. versus Satish and Others", where while dealing with the provisions of Article 21 of Constitution of India, it was held that "electricity is a basic amenity of which a person cannot be deprived. The electricity cannot be declined to a tenant on the ground of failure/refusal of landlord to issue no objection certificate." It was further held that "the electricity supply authority is required to examine whether the applicant who applied for electricity connection is in occupation of the premises in dispute." The learned counsel for the petitioner/plaintiff prayed that till the final disposal of the suit, the electricity department may be directed to release provisional electricity connection in favour of the petitioner/plaintiff and she undertakes to pay the electricity bill regularly. The learned Courts below have failed to consider these facts and the application seeking ad interim injunction for the release of electricity connection has been wrongly declined by passing order dtd. 21/8/2023, Annexure P-2 by learned Civil Judge (Junior Division), Ratia and the appeal preferred by her is also wrongly declined vide order dtd. 13/9/2023, Annexure P-1 passed by learned Additional District Judge, Fatehabad. It is prayed that the aforesaid orders may kindly be set aside and the electricity department may be directed to release provisional electricity connection in favour of the petitioner/plaintiff.

(3.) Notice was given to the defendants who did not appear and ultimately they were proceeded against exparte.