[Cites 4, Cited by 0]
Chattisgarh High Court
Shailendra Singh Chouhaan vs Chhattisgarh State Power Distribution ... on 6 April, 2026
1
2026:CGHC:15588
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 1403 of 2026
1 - Shailendra Singh Chouhaan S/o Ajit Kumar Singh Chouhaan Aged About 44
Years R/o L.I.G. 1239, Sector-8, Housing Board, Colony, Saddu, Raipur, District-
Raipur (C.G.)
2 - Madhubala Devi Chouhan W/o Shailendra Singh Chouhaan Aged About 47
Years R/o L.I.G. 1239, Sector-8, Housing Board, Colony, Saddu, Raipur, District-
Raipur (C.G.)
... Petitioners
versus
1 - Chhattisgarh State Power Distribution Company Limited (C.G.) Through Its
Managing Director, Chhattisgarh State Power Distribution Company Limited,
Daganiya, Raipur District- Raipur (C.G.)
2 - Superintending Engineer (Raipur City Circle) Chhattisgarh State Power
Distribution Company Limited, Raipur, District- Raipur (C.G.)
3 - The Assistant Engineer (Daldal Seoni Zone) Chhattisgarh State Power
Distribution Company Limited, Raipur, District- Raipur (C.G.)
4 - Smt. Kiranlata Rathore W/o Shri J.P. Rathore Aged About 54 Years R/o A-6,
Pankaj Vikram Apartment, Shailendra Nagar, Raipur, District- Raipur (C.G.)
... Respondents
{Cause title, as taken from CIS}
For Petitioners : Mo. Naqeeb, Advocate.
For Respondents No. 1 to 3 : Mr. Mayank Chandrakar, Adv. on advance copy
{Hon'ble Mr. Justice Naresh Kumar Chadravanshi}
Order on Board
06/04/2026
1. Instant writ petition under Article 226 of the Constitution of India has been
preferred by the petitioners seeking following reliefs :
"10.1 That, the Hon'ble Court may kindly be
pleased to issue a writ of mandamus or any other
appropriate writ, directing the Respondent
Authorities to kindly provide electricity connection
to the petitioners, in order to protect his
fundamental right under Article 21 of the
Constitution of India, in the interest of justice.
10.2 That, the Hon'ble Court may kindly be
pleased to issue a writ of mandamus or any other
appropriate writ and set aside the communication
dated 09/02/2026 (Annexure-P/4) and further
direct the Respondent Authorities to kindly take
necessary action on the application
(Annexure-P/1) made by the petitioners for new
electricity connection (temporary or permanent) in
accordance with law, in furtherance of justice.
10.3 That, the Hon'ble may kindly be pleased to
direct the Respondents to provide the petitioners,
immediately with electricity during pendency of this
petition, in the interest of justice.
10.4 Any other relief/relief's which this Hon'ble
Court may deem fit and proper may also please be
granted to the petitioners in the interest of justice.
2. Learned counsel appearing for the petitioners would submit that the petitioner
No. 1 is in lawful possession of the house located at L.I.G. 1239, Sector-8, Housing
Board, Colony, Saddu, Raipur, District Raipur (C.G.) where he is living alongwith his
family peacefully since 2009. He further submits that petitioners came to in
possession of the said house as tenant, subsequently, they purchased the said
house from respondent No. 4, who is owner of aforesaid said house, but despite
receiving sale consideration, respondent No. 4 is not executed registered sale deed
in their favour, therefore, landlord-tenancy dispute arose between the parties and
the application filed by respondent No. 4 (owner) was decided in her favour by Rent
Control Authority, against which, appeal is pending before Rent Control Appellate
Tribunal, Raipur. He further submits that on account of said dispute, respondent
No. 4 has pulled away the electricity meter and cut-down the electricity connection
of the aforesaid house of petitioners in order to create pressure upon them in the
year 2019, thereafter, the petitioners filed an application on 02.01.2021 (Annexure
P-1) before respondent No. 3 to supply of electricity in the aforesaid house by
providing electric connection in the name of petitioners, as the petitioners are the
occupant of the aforesaid house, but respondent No. 3 vide Communication dated
9.2.2026 (Annexure P-4) has sought "No Objection Certificate" (NOC) from the
landlord, or a direction from a competent court, for the purpose of providing an
electricity connection to the said house petitioners. Hence, he prays that this petition
may be admitted for hearing and as an interim relief, the respondents be directed to
provide an immediate electricity connection to the petitioners.
3. Learned counsel for the respondents No. 1 to 3 would submit that since there
is dispute pertaining to the said house between petitioner and respondent No. 4,
therefore, NOC was sought from the landlord, or a direction from a competent court
for the purpose of providing an electricity connection to the petitioners. He further
submits that there is an alternative efficacious remedy is available to the petitioner
to file an appropriate application before the Permanent Lok Adalat at Raipur under
Section 22(A)(b)(iii) of the Legal Services Authorities Act, 1987 (for brevity, "Act,
1987") for seeking suchrelief and hence, the petition is not maintainable as the
petitioners have an alternative efficacious remedy for redressal of their grievance.
4. I have heard learned counsel for the parties and perused the material
available on record.
5. As contended by learned counsel for the petitioners, said electric connection
of the subject house has been disconnected in the year 2021, but the petitioners did
not file such petition at that time, rather instant petition is filed on 15.03.2026
whereas if their electric connection was disconnected in the year 2021, then the
petitioners ought to have filed such a petition immediately after the disconnection
occurred. Further, if electric connection of petitioners has been disconnected and
petitioners want to get re-connected electric line in the said house, then they may
file application before Permanent Lok Adlalat, Raipur under Section 22(A)(b)(iii) of
the Act, 1987, as Permanent Lok Adalat has been constituted for redressal of
grievance of petitioners pertaining to public utility services.
6. Thus, since there is no urgency found in the instant petition to provide
immediate electricity connection, as the electricity connection of the said house was
disconnected in the year 2021, further there is an alternative efficacious remedy
available to the petitioners to file application before Permanent Lok Adalat, Raipur
under Section 22(A)(b)(iii) of the Act, 1987, therefore, this Court is not inclined to
entertain this petition invoking extraordinary jurisdiction of this Court.
7. In view of above discussion, this petition stands disposed of leaving liberty in
favour of the petitioners to file appropriate application under the aforesaid provisions
of the Act, 1987.
8. Pending interlocutory application (s), if any, stands disposed of.
Sd/-
(Naresh Kumar Chandravanshi)
AMIT
Judge
KUMAR
DUBEY
