Important Point
Occupier is entitled to have electricity connection at its premises.

N.V. Anjaria, J.

1. As the learned advocates appearing for all the parties requested and consented, the petition was taken up for final consideration.

1.1 Therefore, Rule returnable forthwith. Learned advocate Mrs. Mauna Bhatt waives rule on behalf of respondent No. 1. Learned advocate Ms. Lilu Bhaya waives rule on behalf of respondent Nos. 2 to 5, whereas learned advocate Mr. Pravin Gondaliya waives rule on behalf of respondent No. 6.

2. The petitioner is aggrieved by order dated 28.01.2015 and the decision reflected therein of the respondent-Paschim Gujarat Vij Company Limited, whereby the Vij Company refused to restore electricity supply to the petitioner. A declaration is also prayed for that the action of the respondent-Vij Company in disconnecting power supply is illegal.

2.1 The premises at which the petitioner is desirous to have electricity supply restored is revenue survey No. 537-P admeasuring 1 Guntha at Lathi, District Amreli, being the place of petrol pump run by the petitioner upon a dealership for the same granted by respondent No. 1-Indian Oil Corporation on 16.11.2010. Refusal to restore the connection by the Vij Company is on the ground that respondent No. 6 who is subsequent purchaser-cum-new owner of the premises objected to giving of connection and that the petitioner was required to produce No Objection and fresh agreement with his consent so as to be entitled to get the electricity connection.

3. The relevant facts would help to understand the controversy. Land bearing revenue survey No. 537-P admeasuring 1 Guntha was owned by one Sharad Ratilal Parekh; the partnership firm M/s. Subh Laxmi Petroleum Company consisted of said Sharad Ratilal Parekh and another partner Himatbhai Ramjibhai Sangrajka. They executed an agreement of lease for a period of 20 years commencing from 01.12.2003 in favour of Indian Oil Corporation-respondent No. 1 herein. The said lease agreement is in operation and the period expires in the year 2023. The present petitioner is a grantee of dealership by respondent No. 1-Indian Oil Corporation pursuant to agreement dated 16.11.2010. Under the said dealership, the petitioner is having a petrol pump to run at the place and in capacity of the dealer, the petitioner is in possession and occupation of the said site/premises/land. It further appears that private respondent No. 6 claims to be the donee of the land in question by virtue of gift deed claims to have been executed on 19.08.2013 by said Sharad Ratilal Parekh. The case of the petitioner, however, is that the said transaction was created for seeking possession of the land and the same is not bona fide. Be as it may.

3.1 The petitioner has been running his dealership in the name of M/s. Om Shiv Petroleum. Upon payment of necessary charges, respondent-Electricity Company granted electricity connection to said dealer M/s. Om Shiv Petroleum-the petitioner. After the electricity connection already made available to the petitioner dealer, it appears that in light of application dated 19.07.2014 made by private respondent No. 6 herein, the Electricity Company disconnected the electricity power supply on 15.09.2014. The aggrieved petitioner made an application/representation dated 19.09.2014 to the company. It appears that the private respondent filed Special Civil Application No. 16839 of 2014 praying against Electricity Company not to re-grant the connection to the present petitioner-respondent No. 4 therein. This Court by order dated 20.11.2014 disposed of the petition requiring respondent-Electricity Company to consider and decide the representation after giving opportunity of hearing to both.

3.2 The impugned order dated 28.01.2015 came to be passed by the Electricity Company after the aforesaid directions by this Court. The aggrieved petitioner has questioned the validity of the said order on the ground inter alia that the company has no authority to disconnect the supply and it ought to have reconnected the electricity to the p