Rajasthan High Court - Jodhpur
Budha Ram vs Managing Director (2025:Rj-Jd:23058) on 13 May, 2025
[2025:RJ-JD:23058]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3911/2025
Budha Ram S/o Sujana Ram, Aged About 60 Years, Sarnau,
Tehsil Sanchore, District Jalore.
----Petitioner
Versus
1. Managing Director, Vidyut Vitran Nigam Limited, Jodhpur.
2. Executive Engineer (PWS), Jodhpur Vidyut Vitran Nigam
Limited, Raniwara, District Jalore.
3. Executive Engineer (PWS), Jodhpur Vidyut Vitran Nigam
Limited, Sanchore, District Jalore.
4. Assistant Engineer (O & M), Jodhpur Vidyut Vitran Nigam
Limited, Raniwara, District Jalore.
5. Assistant Engineer (O & M), Jodhpur Vidyut Vitran Nigam
Limited, Sankad, District Jalore.
6. Raghunath Ram (Ledger Keeper), Jodhpur Vidyut Vitran
Nigam Limited, Sankad, District Jalore.
----Respondents
For Petitioner(s) : Mr. Hapu Ram
For Respondent(s) : Mr. D.S. Sodha
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
13/05/2025
1. The present writ petition has been filed seeking the inaction
of the respondent authority which is trying to disconnect the
domestic electricity connection i.e. account No.21060240 of the
house of the petitioner on the strength of the Judgment and
Decree dated 16.01.2018.
2. The case of the petitioner is that the co-sharer has filed a
suit seeking restraint order against the petitioner from obtaining
the agricultural connection to the well which he has filed in the
[2025:RJ-JD:23058] (2 of 3) [CW-3911/2025]
year 2013. Prior to that the petitioner was holding domestic
connection and that was disconnected in the year 2012.
3. Subsequently, under the scheme, the petitioner made an
application for restoration of the domestic connection and the
restoration has been done in the year 2024. The restoration and
the change of meter was done in the month of December, 2024.
The respondent authority has issued a notice to the line-man who
has restored and replaced the meter on the ground that such
action amounting to violation of the Judgment and Decree passed
by the Competent Court dealing with the property relating to the
present survey number in which the domestic connection exists.
4. The contention of the learned counsel for the petitioner is
that the petitioner was holding domestic connection and he made
an application for agricultural connection and when such an
application was made for agricultural connection, the other co-
sharer apprehends that the agricultural connection may be used
by the petitioner to get the claim over the well which is located in
particular survey number which is not partitioned by the just
actions. However, by seeing the notice issued by the respondents
to their employee, the petitioner's apprehension is that the
authorities may disconnect the domestic connection on account of
the decree passed by the Competent Court is well-founded.
5. Learned counsel for the respondent submits that on account
of the operative portion of the decree, such an action of the
employee would be contrary to the decree, therefore, they have
issued the notice.
6. From a glance of the issue involved with the decree, prima
facie, it appears that when the petitioner made an attempt to
[2025:RJ-JD:23058] (3 of 3) [CW-3911/2025]
obtain agricultural connection of the well located in Khasra No.34,
the suit appeared to be filed and the Competent Court passed the
final judgment restraining the petitioner from obtaining any kind
of connection over the Khasra No.34.
7. The entire dispute is not dealing with the existing connection
and there is no order of mandatory injunction for removal of the
existing domestic connection though it was disconnected for non-
payment of the electrical charges.
8. This Court feels that the apprehension of the petitioner is
well-founded in the light of the notice issued by the respondent to
their employee.
9. In the result, the present writ petition is allowed and the
respondents are restrained from disconnecting the domestic
connection on the basis of the Judgment and Decree dated
16.01.2018.
(MUNNURI LAXMAN),J
261s-PoonamS/-
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