Back
G. S. AHLUWALIA
Gurpreet Singh – Appellant
Versus
Shikha Bhatnagar – Respondent
ORDER
1. This petition under Article 227 of Constitution of India has been order dated 7.8.2024 passed by 16th Additional Judge to Civil Judge (Junior Division), Jabalpur in RCSA No. 32/2024.
2. An application was filed by petitioner expressinapprehension that landlord/respondent may get the electricity connectherefore, it was prayed that M.P. Poorv Kshetra Vidyut Vitran Co. Ltd. may be restrained from disconnecting the By the impugned order, the said application was rejected on the ground that such power is with the RCA.
3. Challenging the order passed by the Court below, it is submitted by counsel for petitioner that section 38 of M.P. Accommodation would come into picture only if the essential services are withheld or cut off by the landlord. The application was filed before the trial Court under an apprehension that landlord may get the electricity connection disconnected and therefore, the trial Court has a jurisdiction to pass an order of temporary injunction.
4. Per contra, petition is vehemently opposed by counsel for respondent. It is submitted that respondent is a widow lady and petitioner is occupying her property without making payment of rent. Even he has shifted his pr
Court preserves liberty for fresh electricity connection application amid land acquisition dispute, directing merits-based decision post-inspection.
Petitioner lacked statutory right to disconnect electricity for a trespasser under Electricity Act.
Disconnection of electricity without notice is illegal, violating natural justice and statutory obligations, leading to restoration order in favor of the petitioners.
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 court upheld the dismissal of the writ petition due to prior orders on disconnection, highlighting judicial efficiency in managing ongoing civil disputes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
