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Judgment
In this writ petition, petitioner is seeking a writ of mandamus to declare the action of the respondent No.2 in issuing impugned letter Lr.No.AE/OP/Bhupalapally(T)/ F.No.ERO/D.No.397/22, dated 18.07.2022, threatening to disconnect the electricity power supply to the service connection i.e., SE No.10301-07854 and 10301-09397, issued in favour of the petitioner in the premises bearing house No.6-87/1, situated at Jawaharnagar Colony, Bhupalapally Village and Mandal, Jayashankar Bhupalpally District, without considering the explanation of the petitioner dated 20.07.2022, as illegal and arbitrary and consequently to set aside the same and to pass such other order or orders.
Brief facts leading to the filing of the present writ petition are that the petitioner claims to be the absolute owner and possessor of the house bearing No.6-87/1 to an extent of 216 sq.yards, situated at Jawaharnagar Colony, Bhupalapally Village and Mandal, Jayashankar Bhupalpally District. It is submitted that the said property was given to her towards paspu-kunkuma and after the said gift, the petitioner had made representation to the Gram Panchayat for mutation of her name in the records and thereafter, made an application for allotment of house number and she was accordingly allotted house bearing No.6-87/1. It is submitted that thereafter, the petitioner raised construction on the said property and has paid the property tax and other cess to local Gram Panchayat. It is submitted that on 14.09.2010, the petitioner has been granted service connection and the petitioner has been paying the consumer bills without any default.
It is submitted that due to differences between the petitioner and her brother i.e., the respondent No.3 herein, on his representation, the house number granted to the petitioner was cancelled in the year 2015, subject to the result of suits and counter suits filed by both of them in the Civil Court. It is submitted that by taking the advantage of the said cancellation of the house number, the respondent No.3 has made a representation to the official respondents herein for cancellation of the power connection and on the said basis the impugned notice dated 18.07.2022 was issued to the petitioner.
It is submitted that by virtue of the interim order of this Court, the electricity connection in the name of the petitioner is continuing and the petitioner has been paying the consumer charges without any delay every month.
Learned counsel for the petitioner therefore, submitted that the petitioner should be allowed to continue the use of electricity till the Civil Court decides as to the ownership of the property.
Learned counsel appearing for the respondent No.3 submitted that the petitioner has tried to usurp the property by obtaining the house number and also electricity connection by producing fake documents and therefore, suits have been filed before the Civil Court. It is submitted that the Gram Panchayat has cancelled the house number allotted to the petitioner after detailed enquiry and since the house number is no longer available to the petitioner, continuation of the electricity supply in the said house number is not sustainable. He therefore, supported the impugned notice dated 18.07.2022 issued by the official respondents.
Learned Standing counsel appearing for the respondents No.1 and 2 submitted that since the house number allotted to the petitioner has been cancelled, the respondents have required the petitioner to produce the relevant documents for continuation of service connection and it is submitted that the petitioner has not submitted the relevant documents till date.
Learned counsel for the petitioner, in rebuttal, submitted that due to the cancellation of the house number by the respondents, the petitioner has not been able to pay the property tax and submit any further documents in her favour before the electricity officials. It is submitted that since the cancellation of the house number is subject to the final outcome of the suit and the suit is still pending adjudication, the respondents may be directed to continue the electricity connection.
Having considered the rival contentions and the material on record, this Court finds that the petitioner had been granted the electricity service connection in the year 2010, after due verification of the records. It is in the changed circumstances that the house number allotted to the petitioner has been cancelled, but subject to the outcome of the suit before the Civil Court. The Hon’ble High Court of Punjab and Haryana in the case of Om Prakash Vs. Balkar Singh 2022 SCC Online P & H 3733, has held that electricity is an integral part of Right to Life and the same cannot be deprived without following due process of law. The respondents have therefore, issued a notice dated 18.07.2022. However, it is noticed that the petitioner is not able to submit the required documents in view of the cancellation of the house number. Since the petitioner has been enjoying the electricity connection by virtue of the interim directions of this Court and in the interest of justice, this Court deems it fit and proper to direct the respondents to continue the said service connection in favour of the petitioner till the adjudication of the Civil dispute between the petitioner and the respondent No.3. The petitioner shall not however claim equity in the Courts below by virtue of the above said connection.
Accordingly, this writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.