Tenants have a right to electricity connection, but this right is contingent upon being recognized as authorized occupiers, which is not the case when facing eviction.

JUDGMENT :

1. Heard Shri Ashish Kumar Srivastava, learned counsel for the petitioners, Shri Udit Chandra, learned counsel for the respondent-Distribution Corporation and learned Standing Counsel for the State.

2. The writ petition has been filed with the following main relief:

“Issue an appropriate writ, order or direction to respondent nos. 2 to 4 to provide electricity connection in the portion of premises No. D-36/17-18 Augustkunda, Varanasi which is under occupation of the petitioners-tenants.”

3. Admitted facts of the case are, the petitioners were the inducted as tenants of the disputed premises being D-36/17-18 Agastkunda, Varanasi. At that time, there existed an electricity connection in the premises thus let out to the petitioners.

4. According to the petitioners, the respondent-landlord was seeking to forcibly evict the petitioners. The petitioners filed Original Suit No. 154 of 2011, wherein vide order dated 19.07.2011, the learned Civil Judge (J.D.) City Varanasi granted injunction in favour of the petitioners restraining the respondent from evicting the petitioners except in accordance with law.

5. Later, respondent no. 5 brought another proceeding being S.C.C. Suit No. 42 of 2014 (Sri Kashi Nattukottai Nagara Chetram Vs. Dr. Ashok Kumar Sharma and another) seeking eviction of the present petitioners. That was decreed ex-parte vide order dated 19.4.2018. Arising therefrom, the respondent is seeking execution of the decree whereas the petitioners are seeking recall of the same. Both proceeding are pending. Only this much may be noted, there is no stay order operating against the ex-parte decree obtained against the petitioners.

6. It is in such situation, petitioners claim to be the ‘occupier’ of the disputed premises. The electricity connection that earlier existed on the premises in the occupation of the petitioners has been disconnected by the respondent-Distribution Corporation on the application of the landlord.

7. Shri Udit Chandra states, there are outstanding dues of the electricity connection in excess of Rs. 3,00,000/-. Though the petitioners are not willing to deposit the amount of outstanding electricity dues, they claim grant of fresh connection in their name as occupier of the premises. In that regard, petitioners have made an application and furnished an indemnity bond. Reliance has been placed on a decision of the Supreme Court in Dilip (Dead) through LRs. Vs. Satish and others, 2022 Live Law (SC) 570, wherein it has been observed as below:

“It is now well settled proposition of law that electricity is a basic amenity of which a person cannot be deprived. Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question.”

8. Further, reliance has been placed on a decision of the coordinate bench of this Court in Anand Kumar Vs. State of U.P. and others, 2023 (3) ADJ 668 (DB), wherein it has been observed as below:

“10. A bare reading of the provisions of the Electricity Act, 2003 go to show that every distribution licensee is under an obligation not only to develop but also to maintain efficient, coordinated and economical distribution system in the area of its supply. The provision of Section 43 of the Electricity Act cast a statutory duty upon the distribution licensee to supply electricity not only to owner but also occupier of premises located within the limits of the area of its supply subject to an application being made by owner or occupier in this regard and correspondingly the owner or occupier of any premises, as the case may be, has statutory right to supply and obtain such electricity supply from the distribution licensee. Of course, the right is subject to completion of formalities provided for the purpose.

11. Electricity Supply Code, 2005 reference of which has been made by lea