NAGO RAJAK Vs. JHARKHAND BIJLI VITRAN NIGAM LIMITED

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents to forthwith grant an electrical connection to the petitioner's House No. 231, Ward No. 12, Dubey Mohalla, PO and PS-Jugsalai, Town-Jamshedpur, District- East Singhbhum

(2.) Learned counsel for the petitioner submits that one Smt. Puspa Jain filed Eviction Suit No. 51/2008 before the Civil Judge (Junior Division)-I, East Singhbhum, Jamshedpur against the petitioner under Sec. 11(i)(d) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. The said suit was allowed in favour of Smt. Puspa Jain (plaintiff) vide judgment and decree dtd. 29/5/2013 and 14/6/2013 respectively. Against the said judgment and decree, the petitioner preferred Eviction Appeal No. 12/2013 before the District Judge-II, East Singhbhum, Jamshedpur and vide judgment and decree dtd. 21/7/2015 and 3/8/2015 respectively, the judgment dtd. 29/5/2013 passed by the Civil Judge (Junior Division)-I, East Singhbhum, Jamshedpur was set-aside and the appeal preferred by the petitioner was allowed on contest. Pursuant to the aforesaid judgment and decree passed by the learned Appellate Court, the petitioner made an application before the respondent no. 4 - the Sub-Divisional Officer, Jharkhand Bijli Vitran Nigam Limited, Karandih, Jugsalai, Jamshedpur, East Singhbhum for grant of fresh electrical connection to the house in question, however, the same has orally been refused by the said respondent on the ground of pendency of second appeal being S.A. No. 482/2015 filed by Smt. Puspa Jain. It is further submitted by learned counsel for the petitioner that since the petitioner has already succeeded before the first appellate court, mere pendency of the second appeal preferred by Smt. Puspa Jain cannot be said to a valid reason for denying fresh electrical connection to the petitioner's house. Moreover, the said respondent has also not accepted the petitioner's application and the requisite fee.

(3.) Mr. Mrinal Kanti Roy, learned counsel for the respondents, submits that the petitioner has an efficacious remedy of preferring a complaint before the Vidyut Upbhokta Shikayat Niwaran Forum (VUSNF), East Singhbhum, Jamshedpur.