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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Mahendra Choudhary, S/o. Late Shiv Shankar Choudhary – Appellant
Versus
Jharkhand Urja Vikas Nigam Limited – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeals under clause 10 of the letters patent are directed against the order/judgment dated 10.04.2018 passed by the learned Single Judge in W.P.(C) No. 7709 of 2017 and W.P.(C) No.5568 of 2017 respectively, whereby and whereunder, the order dated 02.05.2017 passed in Appeal No. EOJ/03/2017 by the Electricity Ombudsman, Jharkhand has been quashed and set aside by allowing the writ petition.
2. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:
The appellant is a businessman, working in the trade of Kirloskar Motor Pump and allied hardware stores, working for gain and livelihood for himself and his family members and entire family is depending upon the income derived from this business, namely- M/s Swastik Traders Ltd.
The appellant made an application with respondent Nigam for a new commercial electric connection, which was acknowledged and issued money receipt bearing SL. No. JB1256800 for Rs. 1240/- dated 20.10.2014, receipt No. Nil dated 10.07.2014 for Rs. 20/- and receipt No. 346 dated 20.10.2014 for Rs. 155/- and a receipt of Rs. 40/- on account of Servi
Legal occupancy must be established to obtain an electricity connection; mere occupancy is insufficient, especially amidst a title dispute.
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.
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
It is clear that documents, which are referred to in the said clause, shall be considered as acceptable as proof of ownership or occupancy of the premises. The petitioner has produced the latest muni....
The main legal point established in the judgment is that a subsequent occupant is not liable for the electricity dues of the previous occupier and is entitled to a refund, as per the Supply Code of 2....
Electricity cannot be denied based on ownership disputes; distribution licensees have a statutory duty to supply electricity upon valid application irrespective of ongoing eviction proceedings.
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 ....
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