C/SCA/11045/2018 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 11045 of 2018

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

2 To be referred to the Reporter or not ?

3 Whether their Lordships wish to see the fair copy of the

judgment ?

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

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DIGVIJAYSINH MAHENDRASINH VAGHELA

Versus

UTTAR GUJARAT VIJ COMPANY LTD.

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Appearance:

MR MRUGEN K PUROHIT(1224) for the Petitioner(s) No. 1

MR PREMAL R JOSHI(1327) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA

Date : 24/09/2019

ORAL JUDGMENT

1. Rule. Learned advocate Mr. Premal Joshi wavies service of

rule on behalf of the respondent.

2. Having regard to the controversy involved in the present

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C/SCA/11045/2018 JUDGMENT

case which lies in a very narrow compass, with the consent

of the learned advocates for the respective parties, the

matter is taken up for final hearing.

3. By this petition under Articles 226 of the Constitution of

India, the petitioner has prayed for the following reliefs :

“(A) This Hon'ble Court may be pleased to quash and set

aside the impugned communication dated 18^th July, 2017

of the respondent – Uttar Gujarat Vij Company Limited and

further may be pleased to direct the respondent company

to provide new electricity connection in favour of the

petitioner at the property in question.

(B) Pending the admission, hearing and final disposal of

this petition, this Honourable Court may be pleased to

direct the respondent company to provide new electricity

connection in favour of the petitioner at the property in

question.

(C) Any other and further relief or reliefs to which this

Hon'ble court deems fit in the interest of justice may kindly

be granted.”

4. Brief facts of the case are that the petitioner purchased

property of plot no. 2C admeasuring 1672 sq. mtrs. along

with construction of 87 sq. mtrs. thereon in Chitrakoot

Cooperative Housing Society Limited, Division II and III

situated on survey no. 653 and 656 etc. paiki at village

Kolat, Taluka Sanand, District Ahmedabad by registered

sale deed dated 10^th June, 2016 for Rs. 20 lakhs.

4.1) It is the case of the petitioner that the petitioner was

in need of electric connection. The petitioner therefore,

made applications on 26^th May, 2017 and 17^th July, 2017

for electric connection before the respondent Uttar Gujarat

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Vij Company Ltd. Respondent however, by order dated 18^th

July, 2017 informed the petitioner that the property

purchased by the petitioner is a disputed property and

Special Civil Suit No. 528/2016 is pending before the

Court of learned Principal Senior Civil Judge, Ahmedabad

(Rural) and after the said suit is decided by the Court,

necessary procedure for giving electric connection to the

legal owner would be initiated.

4.2) It is the case of the petitioner that there was an

electric connection bearing Consumer No. 71937/00501/1

in the property purchased by the petitioner but the same

was not in operational condition. The petitioner therefore,

executed one indemnity bond in favour of the respondent

company