Gulam Moinudeen vs Peer Gulam Naseer Sajjadanasheen

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Raj) 1522

RAJASTHAN HIGH COURT
J.K.Ranka, J.
Gulam Moinudeen & Anr. - Appellant
Versus
Peer Gulam Naseer Sajjadanasheen & Ors. - Respondent
S.B. Civil Writ Petition No. 4848 of 2007.
Decided On : 15-07-2013

Advocates:
For the Petitioners:Akhil Simlote, Advocate.
For the Respondents:Anoop Dhand, Advocate.

Headnote:
Electricity Connection - Property Dispute - The court deemed it appropriate to grant electricity connection to the petitioners as they were residing in the property in question, but clarified that it would not confer any right, title, or equity in their favor. The final decision directed the trial court to modify the order and decide the pending suit expeditiously within nine months.
Fact of the Case:

The petitioners, claiming to be occupying a portion of the property for over 12 years, sought electricity connection. The respondents objected, citing previous dismissals of the petitioners' appeals and asserting their right as Sajjadanasheen.
Finding of the Court:

The court deemed it appropriate to grant electricity connection to the petitioners, emphasizing that it would not confer any right or title. The trial court was directed to modify the order and decide the pending suit expeditiously within nine months.
Issues: Dispute over electricity connection in a property claimed to be owned by Waqf Board, objections from respondents, and the pending suit since 2004.
Ratio Decidendi: Granting electricity connection to the petitioners does not confer any right or title, and the pending suit must be decided expeditiously within nine months.
Final Decision: The writ petition for grant of electricity connection was disposed of, with the direction for the trial court to modify the order and decide the pending suit expeditiously within nine months.

JUDGMENT

1. - By this petition, counsel for the petitioners submits that the petitioners are occupying portion in the property since last more than 12 years and the suit for eviction filed by the respondents has been dismissed. Counsel further submits that the issue presently is with regard to grant of electricity connection where the petitioners are residing in the property in question which is claimed to be a property of Waqf Board. Counsel submits that the younger brother of the petitioner was last Sajjadanasheen and, therefore, he claims himself to be Sajjadanasheen. Counsel further submits that electricity and water are the basic need and, therefore, without electricity it is not possible for the petitioners and their family members to live a comfortable life.

2. Counsel for the respondents seriously objected to grant of electricity connection to the petitioners. He submitted that all appeals of the petitioners have been dismissed upto the level of this Court and the petitioners were held to be an encroacher and no right has been created in their favour. Counsel submits that the respondent has been rightly held to be Sajjadanasheen.

3. Without going into merits of the case, this Court deems it appropriate that electricity connection deserves to be given to the petitioners as the petitioners are residing in the property in question, however, merely by giving such electricity connection, no right or title or equity, in any manner, will accrue in favour of the petitioners and it will be decided in accordance with law by the learned trial court in the regular suit which is pending. The learned trial court is directed to modify the order accordingly. It is claimed that since the suit is pending since 2004 and it is now more than nine years, considering this fact also, the learned trial court is directed to decide the suit expeditiously and within a period of nine months.

4. Consequently, in the light of the aforesaid directions, the instant writ petition for grant of electricity connection, so far as the limited prayer is concerned, is disposed of.Petition Disposed of.

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2013 Supreme(Raj) 1522

RAJASTHAN HIGH COURTJ.K.Ranka, J.Gulam Moinudeen & Anr. - AppellantVersusPeer Gulam Naseer Sajjadanasheen & Ors. - RespondentS.B. Civil Writ Petition No. 4848 of 2007.Decided On : 15-07-2013

RAJASTHAN HIGH COURT
J.K.Ranka, J.
Gulam Moinudeen & Anr. - Appellant
Versus
Peer Gulam Naseer Sajjadanasheen & Ors. - Respondent
S.B. Civil Writ Petition No. 4848 of 2007.
Decided On : 15-07-2013