Pramila Kumari vs Jharkhand State Electricity Board and Others

Poonam Srivastav, J.—The instant writ is for a direction to the respondent no. 4 to provide new domestic electric connection to the petitioner without insisting for payment of dues in respect of the connection provided to the erstwhile consumer.

Learned Counsel has placed reliance on the decisions of this Court in the case of Jagannath Singh v. Jharkhand State Electricity Board 2002 (1) JCR 221 (Jhr) and also in the case of Smt. Urmila Devi v. Jharkhand State Electricity Board, Ranchi and Ors. 2010 (4) JLJR 418. In both the decisions it was held that the electric connection cannot be refused merely on the ground that some dues is pending against erstwhile owner of the building or there is a dispute concerning right, title and interest over house in question and the same is sub-judice before Civil Court. The Board was directed to extend the electric connection on the portion of the house in occupation of the petitioner.

In view of the aforesaid two decisions learned Counsel has made a prayer that the respondents be directed to grant fresh electric connection in the name of the petitioner for the portion in her occupation.

Annexure-6 is an order, whereby the Assistant Electrical Engineer has written to the concerned authority that, in fact, no document has been produced by the applicant in support of her rightful occupation for supply of fresh electric connection regarding the building in which fresh connection is sought for.

Counsel appearing on behalf of the Electricity Board has very fairly contended that since there is nothing in support of the assertion made by the petitioner that she is in occupation and has a valid claim to her occupation, no electric connection can be granted.

In these circumstances, I dispose of the writ petition with a direction that in the event the petitioner approaches the respondents Board for supply of fresh electric connection along with document, which as submitted by the petitioner is an agreement to sale in her favour in requisite proforma, the respondents shall grant electric connection to the petitioner within a period of three weeks from the date, an application is made by the petitioner.

With the aforesaid direction, the instant writ petition stands disposed of.