IMPORTANT POINT
Legal occupancy must be established to obtain an electricity connection; mere occupancy is insufficient, especially amidst a title dispute.

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 Service connection no. 486074 dated 20.10.2014 and accordingly; a meter has been allotted, which was further installed within the premises and thereby admitted as consumer but since then and until now no Electrical connection has been provided, although electrical pole to meter wire has also been erected causing huge loss to appellant's business. Thereafter, appellant approached to the Respondents on several occasions for providing electrical connection but unfortunately no heed or proper reply was conveyed in this regard.

Thereupon, appellant not being addressed to his grievances filed his representation by way of application on 31.07.2015 and on 11.08.2015 by speed post but having no alternative choice, appellant preferred a legal notice, dated 10.10.2015, through his legal law firm M/s A.A. Kumar & Co. Dhanbad, which was not at all replied by respondent except a letter from the respondents vide their memo no. 203 dated 28.10.2015, which was posted on 26.11.2015 and further it was received by the advocate of appellant on 27.11.2015. The reply made by Respondent is partly correct and partly admitted but it is totally denied that appellant has ever been default from his side in the light of the fact that he is simply tenant and is no way connected in the internal dispute thin the family of landlord and therefore debarring a person from essential commodity, like electricity connection, can not be straightaway declined and it also affect that there is no law as such to deprive a consumer from electrical power.

Further case of the appellant is that on enquiry from the successors of the landlord, Late Ashok Kedia, it was conveyed to the Appellant that the property, described as aforesaid, has been procured by Late Ashok Kumar Kedia in the name of his son- Brajesh Kedia while, Brajesh Kedia was at the age of 16 year and thereafter Brajesh Kedia married at his own will and wishes and thereafter from the last 20 years he is residing in Delhi and has never returned back to claim his right title or interest in the said property during the life time of his demised father Ashok Kedia.

Further case of the appellant is that the Appellant and Late Ashok Kedia had entered into a rent agreement on 09.07.2014 for a period of three years and the same document was submitted before the Respondent Nigam to procure the electric supply but on sad demise of Ashok Kedia on 15.06.2015, Respondent-Brajesh Kedia sprang of and made diverse act of making disputes in the family in various ways, including a Title Suit no. 139 of 2014, which is pending and subjudice before competent court of law at Dhanbad and therefore in order to make an objection, it needs to be obtained necessary restraining order from the court of law for making objection before the respondents which not yet provided t