UDESH SHARMA Vs. ADDL. CIVIL JUDGE

JUDGEMENT

(1.) THIS petition has been filed by the petitioner -plaintiff (hereinafter 'the plaintiff) against the order dt. 16.04.2009 whereby the learned trial Court has directed that the supply of electricity to the house of defendant -respondent No. 2 Durga Sharma (hereinafter 'the defendant Durga Sharma') be recommenced and no obstruction in respect thereto be caused by the plaintiff. The facts of the case are that in respect of a house No. B -23 Sen Colony, Power House Road, Bani Park Jaipur, the erstwhile owner of the house Ram Kishore Sharma is stated to have given certain portions in the aforesaid house both to the plaintiff and to the defendant Durga Sharma. It however transpires that in respect of electricity supply to their respective portions of the plaintiff and the defendant Durga Sharma there was a joint electricity connection. Owing to certain disputes and disagreement between the plaintiff and the defendant Durga Sharma, supply of electricity to the portion of defendant Durga Sharma was disconnected. This entailed an application by the defendant Durga Sharma before the trial Court in a suit laid by the plaintiff against her seeking directions to the plaintiff as also to the Jaipur Vidhyut Vitaran Nigam Limited (hereinafter 'the JVVNL') to recommence the supply of electricity to the portion occupied by her from the joint meter installed at the house No. B -23 Sen Colony, Power House Road, Bani Park Jaipur. The trial Court by the impugned order dt. 16.04.2009 made a direction as sought by the defendant.

(2.) HENCE this petition.

(3.) MR . Sanjay Sharma, learned counsel appearing on behalf of defendant Durga Sharma submits that in view of the pre -existing meter electricity can be supplied to both the portions of house No. B -23 Sen Colony, Power House Road, Bani Park Jaipur belonging to plaintiff and the defendant Durga Sharma therefrom as has been rightly directed by the trial Court. He further submitted that the defendant Durga Sharma has a fundamental right under Art. 21 of the Constitution of India to a electricity connection and she was thus entitled to continuation of electricity supply to her portion in the house No. B -23 Sen Colony, Power House Road, Bani Park Jaipur from the pre existing joint meter. He submits that aside of a joint meter, a sub meter has also been got installed privately by the defendant Durga Sharma to record the electricity consumed by her for which she had attempted to pay/reimburse the plaintiff but without success as the plaintiff was only intent upon denying her access to electricity rendering the very use of her portion of the house impossible. He further submits that in terms of the order dt. 30.01.2013, passed by this Court the defendant Durga Sharma is paying 50% of the electricity bills. He further submits that however to eschew all potential objections and disputes between the plaintiff and the defendant Durga Sharma, the JVVNL be directed to provide a separate connection for recording electricity consumption by the defendant Durga Sharma.