AFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT APPEAL NO. 609 OF 2019 (Arising out of Order dated 22.10.2019 passed by learned Single Judge in W.P.(C) No.3657/2019)

1. Pawan Kumar Jain (Dhopade), (Dead) through LRs:-

1(A) Paras Jain, S/o Late Pawan Kumar Jain, aged about 17 years, through his natural guardian i.e. mother Neha Jain, R/o Tahsil Road, in front of SDM Bungalow, Jagdalla, Champa, District Janjgir-Champa, Chhattisgarh.

1(B) Prithvi Raj Jain, S/o Late Pawan Kumar Jain, aged about 17 years, through his natural guardian i.e. mother Neha Jain, R/o Tahsil Road, in front of SDM Bungalow, Jagdalla, Champa, District Janjgir-Champa, Chhattisgarh.

2. Smt. Neha Jain, W/o Pawan Kumar Jain, aged about 35 years, Occupation Advocacy, R/o Tahsil Road, in front of SDM Bungalow, Jagdalla, Champa, District Janjgir-

Champa, Chhattisgarh.

... Appellant(s)

Versus

1. Chhattisgarh State Electricity Board, through: its Secretary, Gudhiyari, Raipur, District Raipur, Chhattisgarh.

2. Executive Engineer, Champa, District Janjgir-Champa Chhattisgarh.

3. Divisional Engineer, Corporate & Maintenance Raipur, District Raipur, Chhattisgarh.

4. Junior Engineer, Chhattisgarh Electricity Board, Station Road, Barpali Chowk, Champa, District Janjgir-Champa, Chhattisgarh.

5. Ramchandra Dhopade, S/o Late Shri Ganpat Rao, aged about 80 years, R/o Rajni Art, Station Road, Lions Chowk, in front of Nanda Book Depot, Champa, District Jangjir-

Champa, Chhattisgarh.

... Respondent(s)

_______________________________________________________________

For Appellants :- Mr. Manoj Paranjpe &

Mr. Bharat Sharma, Advocates.

For Respondents 1 to 4 :- Mr. Krishna Tandon, Advocate, on behalf of Mr. Varun Sharma, Advocate.

For Respondent No.5 :- None appears, though served.

______________________________________________________________

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board [01.04.2024]

Sanjay K. Agrawal, J.

1. Invoking Writ Appellate jurisdiction of this Court, under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, this Writ Appeal has been preferred by the Appellants herein calling in question the legality, validity and correctness of the Order dated 22.10.2019 (Annexure A-1) by which the learned Single Judge has disposed of W.P.(C) No.3657 of 2019 (Pawan Kumar Jain (Dhopade) and Another Vs. Chhattisgarh State Electricity Board and Others) refusing to grant relief(s) as claimed therein.

2. The admitted position in the instant case is that the Appellant No.1 - Pawan Kumar Jain (Dhopade) was the son of Respondent No.5 – Ramchandra Dhopade and the Appellant No.2 - Smt. Neha Jain is the wife of Appellant No.1. During pendency of this Writ Appeal, the Appellant No.1 died and his two sons, Paras Jain and Prithvi Raj Jain, have been substituted as Appellants No.1(A) and

1(B) respectively as his heirs on the record.

3. That the Appellants No.1 & 2 both were residing in the subject premises situated at Jagdalla, Champa in District Janjgir-Champa. The Respondent No.5 is said to have given the premises in question to the Appellants No.1 & 2 to stay. However, on account of strained relationship, vide Annexure A-2 dated 12.4.2019, the Respondent No.5 directed the Appellants No.1 & 2 to vacate the subject premises as he was in need of the said premises. Simultaneously, vide Annexure A-4, the Respondent No.5 filed an application before the Respondent-authorities to disconnect the electricity connection of the subject premises, which was standing in the name of Respondent No.5. Acting upon the said application made by Respondent No.5, the Respondent authorities disconnected the electricity supply of the subject premises on 13.9.2019. For restoration of the electricity supply, the Appellants approached the Respondent authorities but to no avail, which led to the filing of W.P. (C) No.3657 of 2019 titled as “Pawan Kumar Jain (Dhopade) and Another Vs. Chhattisgarh State Electricity Board and Others” before the Wr