IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 22331 of 2022 ==========================================================

SAHJANAND BALKRUSHNA PATEL & ANR.

Versus MADHYA GUJARAT VIJ COMPANY LIMITED & ORS.

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Appearance:

MR BHARAT T RAO(697) for the Petitioner(s) No. 1,2 MR JEET J BHATT(6154) for the Respondent(s) No. 3 NOTICE SERVED for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 17/02/2025

ORAL ORDER

1. None appears for the petitioners. The learned counsel Mr. Jeet Bhatt appears on behalf of the respondent M.G.V.C.L.

2. The present Special Civil Application has been filed praying for the following reliefs :-

“(a) To admit and allow this petition;

(b) To issue a writ of mandamus or a writ in the nature of mandamus, or a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents not to insist for copy of latest municipal tax demand notice for release of connections in the shops in the Akshar Gold Complex, Plot No.17, Kaukudi Society, Dabhhoi constructed by the petitioners as provided under Clause No.4.16 of Supply Code.

(c) To issue a writ of prohibition or a writ in the nature of prohibition, or a writ of prohibition, or a writ in the nature of prohibition or any other appropriate writ, order or direction, prohibiting the respondents from disconnecting electric connections granted in 8 shops on the ground floor of Akshar Gold Complex, Plot No.17, Kaukudi Society, Dabhhoi constructed by the petitioners relying on letters written by Chief OfÏcer, Dabhoi Nagarpalika.

(d) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to restrain the respondents from disconnecting electric connections granted in 8 shops on the ground floor of Akshar Gold Complex, Plot No.17, Kaukudi Society, Dabhhoi constructed by the petitioners relying on letters written by Chief OfÏcer, Dabhoi Nagarpalika.

(e) Your Lordships may Grant ad-interim relief in terms of prayer clause Para-39(d) above.

(f) Your Lordships may pass such other and further orders as this Honourable Court may deem fit and proper in favour of the petitioners in the interest of justice and circumstances of the case.”

3. In the afÏdavit-in-reply filed on behalf of the respondent No.1, it has been submitted that as per the policy of the M.G.V.C.L., the prospective consumer is required to be submit any of six documents for proof of ownership or occupancy, of which, one is latest municipal tax receipt or demand notice or akarni patrak. However, the consumer is at liberty to produce any one document of six documents. The learned counsel further submits that the respondent M.G.V.C.L has not issued any notice to the petitioners for disconnecting the electricity connection and no electricity disconnection has taken place. He submits that the present petition is only an apprehension and in anticipation. The prayer is made for a direction to the respondents not to insist for copy of latest municipal tax demand notice for release of connections in the shops in the Akshar Gold Complex, Plot No.17, Kaukudi Society, Dabhhoi constructed by the petitioners. In fact, the petitioners have not applied for any fresh connection till date from the date of filing of the petition.

4. Considered the submissions. In view of the fact that the municipal tax or demand notice as mentioned in the prayer clause (b) is only one of six documents required for proof of ownership or occupancy and further, there is no disconnection of the electricity supply granted to the petitioners, no orders are required to be passed, nor any issue is required to be adjudicated in the present petition.

5. The Special Civil Application is accordingly disposed of.

No order as to costs.

(ANIRUDDHA P. MAYEE, J.)

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