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.

JUDGMENT

Vinod S. Bhardwaj, J. (Oral) - The instant writ petition raises an issue with respect to the entitlement of an occupier of premises to seek electricity connection in terms of Section 43 of the Electricity Act, 2003 and as to whether a licensee would be deemed to be a lawful occupier of the premises entitling him to release of electricity connection under the Electricity Act, 2003.

2. The petitioner seeks issuance of writ in the nature of mandamus directing the respondent No.2 - the Punjab State Power Corporation Limited (for short 'the PSPCL') to release the electricity connection domestic (DS) at House No.2905, Sector 32-A, Ward No.11, Chandigarh Road, Ludhiana.

3. The dispute is an outcome of a dispute between brothers. Petitioner No.1 claims to be residing at the ground floor of the aforesaid premises for the last more than 20 years and in support thereof, he has placed reliance on the Voter I-card issued by the Election Commission of India, the Aadhar Card, the Passport issued by the Ministry of External Affairs as well as the copy of the bank account, all reflecting the said address. It is contended by the petitioner that all the documents reflect the petitioner to be in occupation and residing at the premises as above.

4. In the month of March 2021, respondent No.3 attempted to

forcibly dispossess the petitioner from the premises in question as he desired to sell the property outside the family and refused to transfer the same in favour of the petitioner despite having entered into an agreement to sell with him. A Civil Suit bearing No.2282 of 2021 (Annexure P-2) was thus filed by the petitioner against respondent No.3 seeking permanent injunction for restraining the said respondent from interfering in the peaceful possession of the plaintiff or causing forcible dispossession of the petitioner from the suit property. The respondent No.3 appeared before the Civil Court and the matter was mutually settled amongst the parties with the intervention of family members and relatives. A settlement was eventually entered into between the parties on 07.04.2021 (Annexure P-3). The complete payment in lieu of the proprietary right for a sum of Rs.35 lakhs was received by the respondent No.3 and possession formally transferred. The requisite documentation was agreed to be executed over the course of time.

5. In view thereof, the aforesaid Civil Suit was withdrawn by the petitioner on 03.05.2021. He further contends that respondent No.3 thereafter, vacated the first floor of the house and even handed over possession of the said floor to the petitioner and gave the original sale deed of the property. However thereafter, there was change in the behaviour and mindset of respondent No.3 and he did not intend to honour the aforesaid settlement dated 07.04.2021 (Annexure P-3). Since the property in question still stood in the name of respondent No.3, he got the electricity connection disconnected from the electricity department on 12.05.2021 to harass the petitioner. Resultantly, the petitioner was constrained to file a fresh suit before the Civil Court which (Annexure P-5) for permanent injunction against respondent No.3. The petitioner specifically pleaded and claimed his possession over the said property.

6. An application under Order VII Rule 11 of the Civil Procedure Code, for dismissal of the suit was filed by respondent No.3. The said application was dismissed by the Civil Judge (Jr. Divn,.) Ludhiana vide order dated 14.07.2021 (Annexure P-7). He further contends that the respondent No.3 had also filed a Civil Suit for mandatory injunction seeking possession of the premises and to direct the petitioner (defendant therein) to hand over the vacant possession of the ground floor of the property (Annexure P-8). The relevant averments as contained in the headnote as well as in the plaint filed by the respondent No.3 are extracted he