Delhi High Court
Mohd. Kasim vs Bses Rajdhani Power Limited & Anr. on 14 July, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7839/2022
Date of Decision: 14.07.2022
IN THE MATTTER OF:
MOHD. KASIM ..... Petitioner
Through: Mohd. Hasibuddin, Advocate.
versus
BSES RAJDHANI POWER LIMITED & ANR. ..... Respondents
Through: Mr. Shubham, Advocate for
BSES/respondent No.1.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
MANOJ KUMAR OHRI, J. (ORAL)
1. By way of the present petition filed under Article 226 of the
Constitution of India, the petitioner seeks a direction to respondent
No.1/BSES to allot/install electricity meter connection in his name at Jhuggi
bearing No. S-66/28, Pratap Camp, Nehru Nagar, New Delhi - 110065
(hereinafter, referred to as the 'subject property').
2. Learned counsel for the petitioner submits that the petitioner is the
owner/occupant of the subject property, who had applied for an electricity
connection in his name, however, the same has not been provided till date. It
is further submitted that it has come to the knowledge of the petitioner that
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respondent No.2, who is his real uncle, had objected to the aforesaid grant of
electricity connection. Learned counsel also submits that respondent No.2
used to own Jhuggi bearing No.S-66/24, Pratap Camp, Nehru Nagar, Near
Gurudwara, New Delhi-110065, and electricity connection vide CA
No.151970601, which on the sale of the said jhuggi was not transferred to
the new owner and rather reported as stolen.
3. Issue notice.
4. Learned counsel appearing for respondent No.1/BSES accepts notice
and submits that the petitioner had preferred an application seeking
electricity connection in respect of the subject property, however, the same
was rejected. He further submits that a representation was received from
respondent No.2/Mohd. Munif objecting to the grant of electricity
connection in favour of the petitioner.
Learned counsel however, on instructions, also submits that the
answering respondent has no objection to the grant of electricity connection
in favour of the petitioner, provided he files fresh application in this regard.
5. In view of the above, the petition is disposed of in the following
terms:
(i) Petitioner shall make an application for grant of a fresh prepaid
electricity connection in his own name.
(ii) Petitioner shall comply with all the codal and commercial
requirements of respondent No.1/BSES.
(iii) Petitioner shall pay the consumption charges in accordance
with the bills raised by respondent No.1/BSES from time to time.
(iv) Petitioner shall not seek adjustment of the security deposit.
However, on his vacating the premises or being evicted and surrender
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of the electricity meter, petitioner shall be entitled to refund of the
security deposit subject to adjustment of any dues of respondent
No.1/BSES.
(v) Respondent No.1 shall be entitled to disconnect the electricity
supply in case the petitioner fails to pay the electricity charges.
(vi) Application of the petitioner shall be processed expeditiously,
as and when filed, and electricity connection shall be installed within
two working days of his completing all the formalities.
6. It is clarified that this order is without prejudice to the rights and
contentions of the parties/any other person and shall not be construed as
recognising rights of any nature whatsoever, including ownership rights of
the petitioner with regard to the subject property. The observations made
hereinabove are prima facie in nature. As such, no special equities shall flow
in favour of the petitioner on account of this order.
7. The writ petition is disposed of in the above terms.
(MANOJ KUMAR OHRI)
JUDGE
JULY 14, 2022
ga
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Signing Date:316.07.2022
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