Rakesh Chand Yadav vs Purvanchal Vidyut Vitran Nigam ...
2013 Latest Caselaw 7072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 32604 of 2012
 

 
Petitioner :- Rakesh Chand Yadav
 
Respondent :- Purvanchal Vidyut Vitran Nigam Ltd. And Others
 
Counsel for Petitioner :- H.C. Dubey,V.K. Upadhyay
 
Counsel for Respondent :- Mahboob Ahmad,R.D.Pandey,S.C.,Vikas Budhwar
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

Petitioner before this Court seeks quashing of the order dated 15th June, 2012 as well as a writ of mandamus directing the respondents' not to disconnect the supply of electrical energy to service connection No. 3633/06853. It is the case of the petitioner that House No. 49/79, Allenganj, Allahabad wherein the aforesaid electric connection has been provided, was originally the property of one Daya Sharan Gupta which was purchased  Ramesh Chand Yadav. A partition agreement was entered into between the family members of the petitioner whereby the said house has fallen in his share. On these allegations, he made an application for transfer of the said electricity connection in his name. On his application an order was passed for transfer of the electricity connection in the name of the petitioner.

It appears that respondent no. 3,  moved an application for recall of the said order on the ground that he continued to occupy the premises within the meaning of the Electricity Act, 2003. On the said application/objection, notice was issued to the petitioner, who appeared before the Executive Engineer with original documents in respect of the dispute. In the reply submitted by the respondent, it was brought on record that a civil suit has been filed in respect of the title over the property.  The Executive Engineer under the order impugned has directed that the transfer of name, as directed, earlier stands cancelled and the electrical connection shall continue to run in the name of the earlier consumer. It is against this order that the present writ petition has been filed.

We have heard the learned counsel for the parties and examined the record.

We are of the considered opinion that since a civil suit between the parties has already been filed in respect of the title over the house in question, and further since under the order impugned there is no direction, to disconnect the electric energy, we deem it fit and proper to permit the petitioner to seek such further temporary injunction, as may be necessary,  in the pending suit.

The Writ petition is disposed of, subject to the observations made above.

Order Date :- 22.11.2013

Priyanka