HARI DEV Vs. THE PRESIDING OFFICER, PERMANENT LOK ADALAT (PUBLIC UTILITY SERVICES) S.B.S. NAGAR AND OTHERS

JUDGEMENT

(1.) This order of mine shall dispose of two writ petitions bearing CWP No. 3369 of 2017 titled as "Hari Dev v. The Presiding Officer, Permanent Lok Adalat (Public Utility Services) S.B.S. Nagar and others" and CWP No.3376 of 2017 tiled as "Hari Dev v. The Presiding Officer, Permanent Lok Adalat (Public Utility Services) S.B.S. Nagar and others", filed at the instance of the petitioner, namely, Hari Dev against the impugned order/award dated 14.02.2017 (Annexure P-1) passed by the Permanent Lok Adalat, whereby an application for directing the respondent(s) to restore the electricity connection in respect of two shops has been dismissed on the premise that the owner of the property, vide Will dated 16.05.2013 intended to bequeath the ownership of the aforementioned property. However, on the basis of the Will, the Electricity Board had given the electric connection in the name of the petitioner. Owing to the certain differences and disputes, the Will, aforementioned, was revoked on 07.04.2015 and an application was moved for disconnection of the electric connection on the premise that there was no implied consent of the owner and the power connection was disconnected on 15.09.2015. In this regard, the provisions of Section 22(c) of the Legal Services Authority Act, 1987 were invoked.

(2.) Mr. Vivek Salathia, learned counsel appearing on behalf of the petitioner in both the writ petitions submits that the status of the petitioner is, at the best, of a licensee and in that regard, a suit for mandatory injunction seeking possession of the property owing to the breach of the obligations is stated to be pending for adjudication. However, electric connection cannot be disconnected to the occupier, as per the provisions of Section 43 of the Electricity Act, 2003 (for short 'the Act'). The authorities granted the electric connection after verifying all the documents brought on record and therefore, the electric connection could not have been disconnected. For restoration of the aforementioned contention, the indulgence of the Lok Adalat was sought. The order of the Lok Adalat, while dismissing the application, exceeded the jurisdiction by holding that all the documents i.e. Aadhaar Card, Voter Card etc., cannot prima facie be treated to be a genuine one.

(3.) He further submits that such finding of the Lok Adalat affects the right of defence in a pending suit. No person can be deprived of the basic amenities, thus, the order under challenge is liable to be set aside.