Rajinder Singh vs Narain Singh and Others

Paramjeet Singh, J.—Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 15.06.2011 (Annexure P-3) passed by learned Additional District Judge, Moga whereby appeal against order dated 07.1.2011 passed by learned Civil Judge (Jr. Divn.),-Moga has been allowed and petitioner-defendant No. 4 has been restrained from disconnecting/shifting/transferring the electric tubewell connection. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that respondent No. 1-plaintiff filed suit for declaration with consequential relief of permanent injunction against the petitioner and respondents No. 2 to 4. Along with the suit, an application under Order 39 Rules 1 and 2-read with Section 151 CPC was also moved wherein it was pleaded that the petitioner-defendant No. 1 be restrained from shifting, transferring or disconnecting the electric connection bearing account No. A-179 from khasra No. 92//22 till final disposal of the suit. Vide order dated 07.01.2011, learned trial Court dismissed the said application, however, the appeal preferred by respondent No. 1-plaintiff challenging the order dated 07.01.2011 was allowed vide impugned order dated 15.06.2011. Hence, this revision petition.

I have heard learned counsel for the parties and perused the record.

Admittedly, the electricity connection bearing account No. A-179 is in the name of the petitioner, who is an Ex-serviceman and it was allotted to him under a special category whereby after relaxing the rules, electricity connections were provided for tubewells. It is also admitted by the Electricity Department that the connection is in the name of petitioner-defendant No. 1 and if at all something happens, the petitioner will be responsible for all intents and purposes including theft of energy etc. The pleading of respondent No. 1-plaintiff is to the effect that this tubewell connection is installed on his land consisting khasra No. 99//22 and as such, he has spent huge amount for this, but merely on this ground the said connection cannot be allowed to be retained as per the rules of the Electricity Board. A person in whose name the connection exists, he has every right to get it transferred in the name of any person under the rules of the Electricity Board.

The Hon''ble Apex Court in Mohd. Mehtab Khan and Others Vs. Khushnuma Ibrahim and Others, has held that if the view taken by the trial Court is possible, the same should not be interfered with by learned lower Appellate Court. Here is a case where all the rights including ownership of the tubewell connection vest in the petitioner and he has every right to get it transferred in the name of any person, therefore, the impugned order is perverse, illegal and not sustainable in the eyes of law.

In view of this, the instant revision is allowed and the impugned order dated 15.6.2011 is set aside. Anything observed hereinabove will not be construed as a reflection on the merits of the case.