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SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Pawan Kumar Jain (Dhopade), (Dead) through LRs:- 1(A) Paras Jain, S/o Late Pawan Kumar Jain – Appellant
Versus
Chhattisgarh State Electricity Board, through: its Secretary, Gudhiyari, Raipur, District Raipur, Chhattisgarh – Respondent
JUDGMENT ON BOARD :
Sanjay K. Agrawal, J.
1. Invoking Writ Appellate jurisdiction of this Court, under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, this Writ Appeal has been preferred by the Appellants herein calling in question the legality, validity and correctness of the Order dated 22.10.2019 (Annexure A-1) by which the learned Single Judge has disposed of W.P.(C) No.3657 of 2019 (Pawan Kumar Jain (Dhopade) and Another Vs. Chhattisgarh State Electricity Board and Others) refusing to grant relief(s) as claimed therein.
2. The admitted position in the instant case is that the Appellant No.1 - Pawan Kumar Jain (Dhopade) was the son of Respondent No.5 – Ramchandra Dhopade and the Appellant No.2 - Smt. Neha Jain is the wife of Appellant No.1. During pendency of this Writ Appeal, the Appellant No.1 died and his two sons, Paras Jain and Prithvi Raj Jain, have been substituted as Appellants No.1(A) and 1(B) respectively as his heirs on the record.
3. That the Appellants No.1 & 2 both were residing in the subject premises situated at Jagdalla, Champa in District Janjgir-Champa. The Respondent No.5 is said to have given the premises in question to the App
Section 43 of the Electricity Act, 2003 is mandatory for providing electricity to owners or occupiers irrespective of landlord's arrears, recognizing access to electricity as a human right.
Electricity Connection - Duty of licensee to supply on request - It is duty of distribution licensee to provide connection to every eligible applicant by taking necessary steps for which respondents ....
An occupier in lawful possession of premises is entitled to seek electricity connection under Section 43 of the Electricity Act, 2003, despite ongoing property ownership disputes.
An occupier is entitled to apply for an electricity connection under the Electricity Act, 2003 and HPERC Regulations, and the lack of ownership of the land does not preclude the occupier from seeking....
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
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