Golak Giri vs State Of Nct Of Delhi And Anr
2021 Latest Caselaw 2952 Del

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                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %
                                                                  Judgment delivered on:         28h October, 2021

                                      +      W.P.(C) 6720/2021
                                      GOLAK GIRI                                               ..... Petitioner
                                                                  versus

                                      STATE OF NCT OF DELHI AND ANR                            ..... Respondents

                                      Advocates who appeared in this case:

                                      For the Petitioner      :            Mr. Hari Shanker, Advocate (through VC)

                                      For the Respondents :       Mr. Jamal Akhtar, Advocate for GNCTD for
                                                                          R1 (through VC)
                                                                         Mr. Shubham Sharma, Advocate for R-2
                                                                         (through VC)
                                      CORAM:-
                                      HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                                                    JUDGMENT

SANJEEV SACHDEVA, J.

1. Petitioner seeks a direction to the respondent to grant electricity connection for the second floor of property bearing No. T-235/12/1A, SF, Baljeet Nagar, Near Helmain Gurdwara, Delhi.

2. Counter affidavit has been filed by the respondant contending that there is a title dispute between the petitioner and one Sh. Krishan

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:28.10.2021 Signing Date:29.10.2021 08:40:51 22:22 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

Gopal who has registered an FIR against the petitioner and further it is contended that there appears to be a civil litigation pending between the two.

3. Learned counsel submits that five cases of theft of electricity have been registered against the petitioner and theft bills have been raised which are still outstanding and unless and until petitioner clears the outstanding theft bills, no electricity connection can be granted to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is the recorded owner of the subject property and Sh. Krishan Gopal has alleged that there is an agreement to sell in his favour and civil dispute is pending. He submits that as on date title of the property vests in the petitioner. He further undertakes that petitioner shall clear the theft bills raised by the respondent and shall also comply with all financial and other formalities required for grant of an electricity connection.

5. Petitioner has placed on record the documents executed by DDA in favour of the petitioner with regard to the subject property which clearly establishes that petitioner is the owner of the subject property and is accordingly entitled to grant of an electricity connection.

6. The undertaking given by the Petitioner that he shall clear all of

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:28.10.2021 Signing Date:29.10.2021 08:40:51 22:22 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

the theft bills raised by the respondent is accepted.

7. In view of the above, this petition is disposed of directing the petitioner to clear the theft bills as raised by the respondent and thereafter on clearance of the theft bills, respondent is directed to consider the application of the petitioner for grant of an electricity connection. On petitioner's completing all the requisite formalities, the electricity connection shall be granted to the petitioner in accordance with law as expeditiously as possible.

8. The petition is disposed of in the above terms.

SANJEEV SACHDEVA, J OCTOBER 28, 2021 'rs'

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:28.10.2021 Signing Date:29.10.2021 08:40:51 22:22 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.