ANURADHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The dispute in this writ application filed under Article 226 of the Constitution of India relates to denial by the North Bihar Power Distribution Company Limited ('NBPDCL' for short) to give fresh electricity connection in favour of the petitioner in the house situate over holding No. 336/359, Khata No. 433, Plot No. 473, Ward No. 27, Majhaulia Chak Abdul Wahid, Muzaffarpur.

(2.) Admittedly, the house was in the name of one Sita Devi, in whose name there was an existing electricity connection. Said Sita Devi is no more. It is not in dispute that respondent No. 7 is the daughter of late Sita Devi.

(3.) It is the petitioner's case that she is the occupier of the said premises under a registered sale deed executed by late Sita Devi, nearly one and half months before her demise. In a judgment rendered on 23/11/2019, by the learned Sub Judge- XIV, Muzaffarpur, in Title Suit No. 371 of 2011 (Poonam Prakash Vs. Anuradha Kumari and Ors.), the sale deed said to have been executed by late Sita Devi in the favour of the petitioner, has been declared to be fraudulent and accordingly, the same has been set aside. A copy of the judgment in Title Suit No. 371 of 2011 has been brought on record by way of Annexure-6 to the reply filed on behalf of the petitioner to the counter affidavit filed on behalf of the NBPDCL. It is the petitioner's case that a First Appeal has been filed against the judgment and decree of the Trial Court registered as F.A. No. 27 of 2020, which is pending before this Court. The date of death of Sita Devi has been mentioned as 15/3/2010 in the judgment of the Trial Court in Title Suit No. 371 of 2011, though the date has not specifically been mentioned anywhere in the writ petition. It is the petitioner's case that there was electricity bill due to the tune of Rs.44,767.00 (Forty-Four Thousand Seven Hundred Sixty Seven) against the connection in favour of Sita Devi because of which the electricity supply was disconnected on 7/1/2020. It has been stated in the writ petition that on an assurance given by the officials under NBPDCL, the petitioner had deposited Rs.25,000.00 (Twenty Five Thousand) against the said arrears, for reconnection of electricity supply, and accordingly, the connection was resumed but again it has been disconnected on 5/2/2020 on account of the remaining dues of Rs.21,813.00 (Twenty One Thousand Eight Hundred Thirteen). It is the petitioner's case that the electricity supply was not disconnected because of the aforesaid due amount, rather at the instance of respondent No. 7, who had claimed the title over the premises based on the judgment and decree passed in Title Suit No. 371 of 2011.