Haji Devi vs Ajmer Vidyut Vitran Nigam Limited
2022 Latest Caselaw 14027 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17286/2022

1. Haji Devi W/o Shri Laxman Singh Rawat, Aged About 51 Years, By Caste Rawat, Resident Of Near Kalka Tataji Temple, Village Balaton Ki Guwar Kukarkheda, Bhim, Tehsil Bhim, District Rajsamand.

2. Leela Devi W/o Shri Mohan Singh Rawat, Aged About 43 Years, By Caste Rawat, Resident Of Near Kalka Tataji Temple, Village Balaton Ki Guwar Kukarkheda, Bhim, Tehsil Bhim, District Rajsamand.

----Petitioners Versus

1. Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Panchsheel Nagar, Makadwali Road, Ajmer Through Its Managing Director.

2. The District Collector, Rajsamand.

3. The Assistant Engineer (O And M), Ajmer Vidyut Vitran Nigam Limited, Bheem, District Rajsamand.

4. The Tehsildar, Bheem, District Rajsamand.

----Respondents

For Petitioner(s) : Mr. SS Choudhary For Respondent(s) : Mr. Pradeep Sharma

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

29/11/2022

The present writ petition has been filed with the following prayers:-

"(i) The respondent No.3 may kindly be directed to restore electricity connection in the house of the petitioner at the aforesaid address.

(ii) any other relief which this Hon'ble Court deems just and proper in favour of the petitioner, may kindly be granted and

(iii) the cost of the writ petition be allowed in favour of the petitioner."

(2 of 3) [CW-17286/2022]

Learned counsel for the petitioners submits that without any

reason or rhyme, the petitioner's electricity connection has been

disconnected. He submits that as per the details of the bills

supplied by the respondent-department, he has deposited the

entire amount of the electricity consumed by him so far. The

petitioner further undertakes that he is ready and willing to

deposit any amount due to the electricity Department on account

of the consumption of the electricity.

Learned counsel for the respondent submits that electricity

connection has been disconnected only on the ground that SDM

has instructed them to disconnect the connection as the petitioner

is an enchrocher.

I have considered submissions made at the Bar and gone

through the relevant records of the case.

It is admitted fact that the petitioner was enjoying the

electricity connection given by the respondent department in

accordance with law, however, the same has been disconnected

without any reason or rhyme, much less without issuing any

notice for disconnection.

The argument of the learned counsel for the respondent is

that the disconnection has been made on the instructions of the

SDM because petitioner is an enchrocher is wholly unattainable

and unsustainable in the eyes of law. The disconnection cannot be

made without giving an opportunity of hearing to the petitioner

and taking the recourse to the provisions of law. Therefore, the

respondent Department had no authority to disconnect the

electricity connection without due process of law.

(3 of 3) [CW-17286/2022]

In view of the discussions made above, the writ petition

merits acceptance, the same is allowed. The respondent

electricity-Department is directed to re-connect the electricity

connection of the petitioner forth with.

(VIJAY BISHNOI),J Surabhii/80-

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