DINESH KUMAR SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner has come to this Court for direction to Respondent-Electricity Board to give him domestic electric connection at his residence. The facts are not dispute. At Rajendra Nagar, there is a house which stands in the name of the mother of the petitioner. It is not a dispute that the petitioner is an occupant in the house along with other brothers. This house has a domestic electric connection that stands in the name of the mother of the petitioner. It appears that one of the son (brother of the petitioner) filed a Title Partition suit in which parents and other brothers were made parties. The properties in respect of which partition is sought for includes the present property. There is no dispute about the occupancy of the petitioner in the property. Recently, mother of the petitioner has made an application to the Electricity Board to disconnect the electric supply to the building that stands in her name ostensibly as she is not occupying the premises herself. The petitioner then made an application to the Bihar State Electricity Board for a fresh connection in his own name, but the same is not given on the ground that consent from the landlord is wanting which in the present case would be mother who is now on litigating terms with her sons.

(3.) In my view connection cannot be denied to the petitioner for the said premises. There is no dispute whatsoever, with regard to occupancy of the petitioner in the said premises. Even the mother has not objected to petitioner's occupation of the premises. She has requested disconnection on the ground, primarily that she is not occupying the premises and would not undertake the liability to pay. This petitioner is legitimately in bona fide occupation of the premises.