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MANJARI NEHRU KAUL
Om Parkash – Appellant
Versus
Balkar Singh – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral) - The petitioner is impugning the order dated 28.02.2022 (Annexure P-6) passed by learned Additional District Judge, Yamuna Nagar vide which his appeal preferred against the order dated 19.01.2022 (Annexure P-4) passed by learned Civil Judge (Jr. Divn.), Yamuna Nagar at Jagadhri, for grant of interim relief, by ordering the restoration of electricity connection in his shop, was dismissed.
2. Learned counsel appearing for the petitioner submits that the impugned order suffers from patent illegality and being violative of the fundamental rights of the petitioner, deserves to be set aside. He submits that the Courts below while passing the impugned orders failed to appreciate that the petitioner was in possession of the suit property and since electricity is a basic amenity, he could not be deprived of the same. He further contends that the electricity connection was disconnected by respondent No.1 with an ulterior motive so as to force the petitioner to vacate the suit property. He still further contends that the malafides on the part of respondent No.1 are writ large from the fact that he had filed a suit for seeking possession of the suit proper
The main legal point established is that electricity is a basic necessity and integral to the right to life, and as long as a person is in possession of a property, they cannot be deprived of electri....
The right to an electricity connection cannot be asserted without proof of ownership and clearance of dues, and the tenant's rights do not override the landlord's obligations.
Point of Law : It is a settled proposition of law that electricity is one Fundamental Rights for existence and protected under Article 21 of Constitution of India, subject to petitioner complying wit....
The court balanced the right to electricity supply with the pending legal proceedings and the directive from the municipal corporation, ultimately allowing the restoration of electricity supply subje....
Settled possession grants rights to basic utilities, regardless of property ownership disputes.
Electricity is recognized as a fundamental right essential for existence under Article 21 of the Constitution of India, and filing a civil suit does not bar a petition under Article 226.
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