INDIAN EXPLOSIVE LIMITED Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This writ application has been filed for quashing the letter as contained in Memo No. 303 dated 09.05.2013 ( Annexure-11) issued by respondent no.2, whereby and where under he directed respondent no.3 to take all steps for providing electrical connection in the premises of respondent no.4. Petitioner further prayed for issuance of a direction commanding the respondents not to act in furtherance of Annnexure-11.

(2.) It is stated that petitioner acquired various lands including Plot No.4 under Khata no. 67 in Mouza-Sasbera through registered Deed of Indenture executed by the Governor of Bihar. It is stated that later on petitioner through an agreement gave licence to the father of respondent no.4. After the death of said licensee ( father of respondent no.4), respondent no.4 started running a Petrol Pump and Car Servicing Station in the name of M/s Premji Ramji Manek on the land in question. It is stated that said license has been renewed from time to time on payment of rent. It is also stated that petitioner gave electrical and water connection to the aforesaid licensee on payment of charges. It is stated that father of respondent no.4 paid all the rents and charges during his life time.

(3.) It is submitted that respondent no. 4 has filed a suit vide Title Suit No. 22 of 2003 in the court of Sub-Judge-I, Bermo at Tenughat for declaration of his right, title and possession over the land in question. In the said suit respondent no.4 had filed an application Under Order XXXIX Rules-1 and 2 for granting temporary injunction. It appears that the learned Sub-Judge-I, Bermo at Tenughat had disposed of aforesaid application in the following terms :