Citation : 2026 Latest Caselaw 5242 Raj
Judgement Date : 7 April, 2026
[2026:RJ-JD:15922]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1008/2026
Veerma Ram S/o Shri Sujana Ram, Aged About 49 Years,
Resident Of Vishnoiyon Ki Dhani, Sarnau, Tehsil Sanchaore,
District Jalore, Raj.
----Petitioner
Versus
1. Managing Director, Jodhpur 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 And M), Jodhpur Vidyut Vitran
Nigam Limited, Raniwara, District Jalore.
5. Assistant Engineer (O And M), Jodhpur Vidyut Vitran
Nigam Limited, Sankad, District Jalore.
----Respondents
For Petitioner(s) : Mr. Hapu Ram
For Respondent(s) : Mr. Budha Ram Bishnoi
Mr. D.S. Sodha
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
07/04/2026
By way of filing the present writ petition, the petitioner has
prayed for the following reliefs:-
"In the light of facts stated above and the grounds mentioned therein, it is, therefore, most humbly prayed: -
1. That by an appropriate writ, order or direction the instant writ petition may kindly be ordered to be allowed;
2. That by an appropriate writ, order or direction quashing the illegal action of the respondents in withholding the petitioner's domestic electricity connection, despite the petitioner's valid application dated 16.08.2013 (Annexure-1), and direct the respondents to sanction and release the
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domestic electricity connection forthwith in favour of the petitioner.
3. That by an appropriate writ, order or direction declare that the decree dated 16.01.2018 (Annexure-3) and the appellate judgment dated 25.07.2022 (Annexure-4) pertain exclusively to the agricultural electricity connection of the tubewell in Khasra No. 34 and have no bearing whatsoever on the petitioner's right to obtain a domestic electricity connection for his residential house.
4. That by an appropriate writ, order or direction restraining the respondents from rejecting or withholding the petitioner's domestic connection application on the basis of the said civil decree (Annexure-3) or appellate judgment (Annexure-4).
5. That any other appropriate writ, order or direction, which this Hon'ble Court may deem it just and proper in the facts and circumstance of the case, may kindly be issued.
6. Costs of this writ petition may kindly be awarded in favour of petitioners."
2. Having heard the learned counsel for the parties and upon
perusal of the material available on record, this Court finds that
the petitioner's father, in the year 2013, applied for an agricultural
electricity connection for his tubewell situated in Village Sarnau,
Tehsil Sanchore, District Jalore. However, one of his relative,
Vridha S/o Hukma, instituted a civil suit before the Court of Senior
Civil Judge, Sanchore, being Civil Original Case No. 15/2013,
seeking a restraining order against him from obtaining an
electricity connection to the said well.
3. The Court of Senior Civil Judge, Sanchore, vide judgment
and decree dated 16.01.2018, decreed the said suit and restrained
the respondent-Electricity Department from issuing an electricity
connection in favour of the petitioner's father.
4. Aggrieved by the aforesaid judgment and decree dated
16.01.2018, the petitioner's father preferred an appeal before the
Court of Additional District Judge, Sanchore, being Civil Appeal No.
20/2020 titled "Sujan Vs. Vridha & Ors.". The said appeal came to
be dismissed by the appellate court vide order dated 25.07.2022.
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5. A second appeal against the judgment and decree dated
25.07.2022 passed by the Court of Additional District Judge,
Sanchore is stated to be pending adjudication before this Court.
6. It is the case of the petitioner that the respondent-Electricity
Department, under the garb of the judgment and decree passed
by the competent civil court, is not issuing even a domestic
electricity connection in his favour, despite his repeated requests
and willingness to deposit the requisite fee/charges, thereby
depriving him of the basic amenity of electricity without any valid
justification. Accordingly, a prayer has been made that a direction
be issued to the respondents to forthwith provide a domestic
electricity connection to the petitioner.
7. This Court, upon perusal of the material available on record,
finds that the civil suit filed by Vridha, being Civil Original Case
No. 15/2013, was decreed by the competent civil court in the
following terms:
"अतः वादी का वाद बाबत स्थायी निषेधाज्ञा व आज्ञात्मक व्यादे श विरूद्ध प्रतिवादीगण डिकी किया जाकर प्रतिवादीगण को इस आशय की स्थायी निषेधाज्ञा से पाबंद किया जाता है कि वे बाद पत्र के पैरा संख्या में अंकित भमि ू यों के राजस्व न्यायालय से विधिवत ् विभाजन हुये बिना किसी प्रकार का विद्युत कनेक्शन जारी नहीं करें और न ही प्रतिवादी संख्या 4 किसी प्रकार का विद्यत ु कनेक्शन प्राप्त करने की कार्यवाही करें । उभय पक्ष खर्चा मुकदमा स्वयं वहन करें गे। तदानुसार डिकी पर्चा बनाया जावे।"
8. Admittedly, the appeal against the judgment and decree
passed in Civil Original Case No. 15/2013 has already been
dismissed. From a perusal of the said judgment and decree, it is
evident that the competent civil court has restrained the
respondent-Electricity Department from issuing any type of
electricity connection in favour of the petitioner. The decree is
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not confined merely to an agricultural connection, as contended by
the petitioner.
9. Even otherwise, if the contention of the petitioner is that he
cannot be deprived of the basic right to electricity and, therefore,
a domestic connection ought to be granted, the proper course for
the petitioner would be to seek clarification or modification of the
judgment and decree dated 16.01.2018 (as affirmed in Civil
Appeal No. 20/2020) in the pending second appeal before this
Court.
10. This Court cannot grant any relief which runs contrary to or
in derogation of a subsisting judgment and decree passed by a
competent civil court.
11. Consequently, the present writ petition is dismissed as being
devoid of merit.
12. The stay petition and all pending applications, if any, also
stand disposed of.
(KULDEEP MATHUR),J 35-divya/-
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