Narayan Pasi vs Madhya Pradesh Poorva Kchetra Vidyut ...
2024 Latest Caselaw 15685 MP

Madhya Pradesh High Court

Narayan Pasi vs Madhya Pradesh Poorva Kchetra Vidyut ... on 27 May, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                              1


     IN THE HIGH COURT OF MADHYA PRADESH
                 AT JABALPUR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                 ON THE 27th OF MAY, 2024
                 WRIT PETITION No. 14245 of 2024

BETWEEN:-
1.   NARAYAN PASI S/O
     SWARGIYA     KALLU
     PASI, AGED ABOUT 46
     YEARS, OCCUPATION:
     NOKARI      M.NO.820
     GRAM BILHARI JANTA
     SCHOOL    KE   PASS
     MANDLA        ROAD
     JABALPUR (MADHYA
     PRADESH)
2.   RAKESH   PASI   S/O
     LATE KALLU PASI,
     AGED    ABOUT    42
     YEARS, OCCUPATION:
     AGRICULTURIST
     HOUSE NO.720 GRAM
     BILHARI      JANTA
     SCHOOL   KE    PASS
     MANDLA        ROAD
     JABALPUR        M.P.
     (MADHYA PRADESH)
                                               .....PETITIONER
(BY SHRI SHEETLA PRASAD TRIPATHI - ADVOCATE)

AND
MADHYA       PRADESH
POORVA      KCHETRA
VIDYUT         VITRAN
COMPANY       LIMITED
JABALPUR       DWARA
KARYAPALAN    MANTRI
NAGAR       SAMBHAG
DAKSHIN M.P. POORVA
                                          2


   KSHETRA       VIDYUT
   VITRAN      COMPANY
   LIMITED     JABALPUR
   (MADHYA PRADESH)
                                                         .....RESPONDENTS
     (NONE)

         This petition coming on for admission this day, the court passed the
   following:
                                     ORDER

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 13.5.2024 by which a direction has been given to the petitioner to produce the documents, to show that petitioner is not in illegal occupation of the premises.

2. It is submitted by counsel for the petitioners that petitioners are in possession of the land in dispute for the last 20 years. A civil suit was also instituted by the petitioners against Oak Charity Trust as well as the State of M.P. and one Praveen Verma. That civil suit was disposed of by judgment dated 24.10.2019 passed in Regular Civil Suit No.87-A/2013. Although in the said civil suit, it was declared that the petitioners have failed to prove their adverse possession, but, since they are in possession, therefore, the defendants shall not dispossess without following due process of law.

3. It is submitted that the respondents had disconnected their electricity connection and on an application filed by the petitioners, temporary electricity connection has been given, but by the impugned order, it has been clarified that the document of proof of ownership should be submitted within a period of 30 days, failing which the electricity connection shall be

disconnected. It is submitted that, in view of the judgment and decree passed by the Court of 21st Additional District Judge, Jabalpur in R.C.S.A.No.87A/2013 it is clear that petitioners are the owner and in possession of the property in dispute. It is further submitted that although the M.P.Poorv Kshetra Vidyut Vitaran Co. Ltd. was not a party to the civil suit, but in fact, it is an attempt made by the defendants to somehow evict the petitioners from the land in dispute.

4. Heard the learned counsel for the parties.

5. The petitioners have filed a copy of the judgment dated 24.10.2019 passed by the trial court in R.C.S.No.87A/2013. It was held in the said judgment that since the petitioners are in permissive possession, therefore, they have not perfected their title by way of adverse possession and thus, it was decreed that without adopting a procedure established by law, the defendants shall not interfere with the peaceful possession of the plaintiff / petitioners. Admittedly, the said judgment is a judgment in persona and not judgment in rem. Madhya Pradesh Poorv Kshetra Vidyut Vitaran Company Limited was not a party to the said civil suit. Therefore, the only question for consideration is as to whether the M.P. Poorv Kshetra Vidyut Vitaran Company Limited can disconnect the electricity connection or not ?

6. For grant of electricity connection, the aspirant must file the proof of ownership of the premises in the form of registered sale deed or partition deed or succession or heirship certificate or deed of last will or proof of occupancy such as valid power of attorney or latest rent receipt or valid lease deed or rent agreement or copy of the allotment order issued by the owner of the property.

7. Admittedly, the petitioners are not the owner of the property in dispute. Even it has been held by the trial court that they have not perfected their title by way of adverse possession. It is true that they are the persons in occupation, but they have not filed valid power of attorney or latest rent receipt or valid lease deed or rent agreement or copy of allotment order issued by the owner of the property. By the impugned order, the M.P. Poorv Kshetra Vidyut Vitaran Company Limited has merely directed the petitioners to produce the documents. It is merely a show cause notice and it is for the petitioners to produce the documents.

8. As per M.P.Supply Code, if the aspirant is unable to produce the proof of legal occupation of the premises, the officer in charge of the concerned distribution circle may waive such requirement and record, in writing, the reasons thereof.

9. Therefore, this Court is considered opinion that the Madhya Pradesh Poorv Kshetra Vidyut Vitaran Company Limited did not commit any mistake by calling upon the petitioners to submit the necessary documents.

10. Under these circumstances, no case is made out warranting interference.

11. The petition fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE HEMANT SARAF 2024.05.28 10:55:44 +05'30' HS