Madhya Pradesh Madhya Kshetra Vidyut Vitaran Company Limited And Others vs Shriniwas Sharma Alias Satyadev And Others

Satyendra Kumar Singh, J

This Writ Appeal under Section 2(1) of the Madhya Pradesh, Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been preferred against the order dated 7/4/2022 passed by the Writ Court in Writ Petition No.27184/2021, whereby petitioner's (respondent no.1 herein) petition preferred under Article 226 of the Constitution of India was allowed.

Brief facts giving rise to this appeal are that on 19/8/2020 respondent no.1 herein/petitioner has, online, applied for installation of an electricity connection at Khasra Nos.21 and 1.05 situated at village Gohadpura, District Bhind for carrying out agricultural activities in the aforesaid land, which was thereafter manually corrected as Khasra No.91 situated at village Gohadpura, District Bhind. Appellants after getting the verification report about the ownership and possession of the respondent no.1 herein/petitioner over the aforesaid land from the concerned Halka Patwari, installed a transformer near the aforesaid agricultural land at respondent no.1 herein/petitioner's expenses under self transformer scheme on 20/8/2020. However, later on finding an amount of Rs.1,74,728/- due against Ramjivan, who is the brother of respondent no.1 herein/petitioner, in respect of aforesaid agricultural land, a notice dated 29/10/2021 was served on the respondent no.1 herein/petitioner on the premise that he was co-owner of the aforesaid land, against which dues are outstanding. Thereafter, the transformer installed on the aforesaid land at the instance of respondent no.1 herein / petitioner was removed on 2/12/2021.

Challenging the aforesaid action of the appellants, the petitioner/respondent no.1 herein preferred a Writ Petition under Article 226 of the Constitution of India before the Writ Court, which has been allowed by learned Writ Court by the impugned order.

Learned counsel for the appellants submits that bare reading of Clause 4.12 of the M.P. State Electricity Supply Code, 2013, which is statutory in nature, makes it clear that if fresh connection for electricity supply is sought by a person, who is occupier or owner of the premises where electricity dues are unpaid, fresh connection could not be provided till dues remain outstanding. Respondent no.1 herein / petitioner being brother of Ramjivan was the co-owner of the land bearing survey No.91 in respect of which dues are outstanding. Respondent no.1 herein / petitioner by concealing the aforesaid fact submitted online application for installation of electricity connection in respect of agricultural land bearing survey nos.21 and 1.05 and thereafter in connivance with officials of the appellants, aforesaid Khasra numbers were got manually changed to Khasra No.91. Learned Writ Court relying upon the reply filed by the appellants before the District Consumer Redressal Forum misinterpreted the provisions of M.P. State Electricity Supply Code and held that Khasra No.91 may be a joint property, but it is in separate ownership. For the electricity dispute there is a separate Forum established under Regulations 2004 and District Consumer Redressal Forum has no territorial jurisdiction to hear the matter, therefore, the proceedings before such Forum are nonest. Respondent no.1 herein/petitioner without approaching the statutory forum and availing alternative remedy has filed Writ Petition, which is not maintainable. Therefore, the order impugned passed by learned Writ Court deserves to be set aside.

Learned counsel for respondent no.1 herein/petitioner submits that the concerned Halka Patwari in his verification report submitted to the appellants has separately shown the share of the respondent no.1 herein/petitioner in the agricultural land bearing survey Nos.90-91. This fact also finds support from the application filed by Ramjivan before the District Consumer Redressal Forum against the appellants and respondent no.1 herein/petitioner, so also from the reply of the appellants submitted in the aforesaid matter. Provisions of Clause 4.12 of M.P. State Electricity Supply Code do not attract in the matter. Appellants illegally uninstalled the transformer installed near the agricultural field of the respondent no.1 herein / petitioner, therefore, learned Writ Court rightly invoking the powers under Article 226 of the Constitution of India has passed the impugned order.

Upon perusal of the record, it is apparent that appellants after getting the verification report from the concerned Halka Patwari about the ownership and possession of the agricultural land bearing survey no.90-91 situated at village Gohadpura, District Bhind installed a transformer near the aforesaid land at respondent no.1 herein / petitioner's expenses under self transformer scheme. Halka Patwari in its report dated 21/1/2021 and attached map specifically shown the separate share of the respondent no.1 herein/petitioner in the aforesaid land, which finds support from the application filed by Ramjivan before the District Consumer Redressal Forum as well as reply filed by the appellants themselves. Learned Writ Court after considering all the aforesaid facts has passed the impugned order in detail.

Having perused the impugned order passed by learned Single Judge, we are of the considered opinion that the findings recorded are based on facts on record, therefore, impeccable and the conclusion has been drawn after applying the correct principles of law. Consequently, no indulgence is warranted in the instant intra-court appeal.

The appeal sans merits and is, accordingly, dismissed.