Electricity is a basic amenity, and under Section 43 of the Electricity Act, 2003, a distribution licensee must provide supply to any owner or occupier of premises, regardless of pending title disputes or the absence of specific ownership documents.

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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Approved for Reporting Yes No

No

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CORAM:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

ORAL JUDGMENT

1. RULE returnable forthwith. Mr. Chinmay Gandhi, learned counsel waives service of notice of Rule on behalf of respondent.

2. With consent of the learned counsel appearing for the respective parties, the matter is taken up for final disposal today.

3. Present petition is preferred by the petitioner under Articles 14, 21, 226 and 227 of the Constitution of India read with the provisions under Section 56 of the Electricity Act, 2003 with below mentioned relief/s:-

“9 (A) Be pleased to direct the action of PGVCL of disconnecting electricity connections bearing no. 39810/00068/5, illegal and direct the PGVCL to reconnect the said electricity connections forthwith, and

(B) Be pleased to direct the PGVCL to reconnect the electricity connections bearing no. 39810/00068/5 forthwith, subject to final disposal of present petition, and

(C) Grant ad-interim relief by directing the PGVCL to reconnect the electricity connections bearing no. 39810/00068/5 forthwith, subject to final disposal of present petition, and

(D) Direct the respondent PGVCL to cost for causing mental and physical harassment to the petitioners by disconnecting the electricity connection, and

(E) Grant any other relief or ass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case;”

4. The facts giving rise to present petition are that the Petitioner’s father, late Mangaldas Govindji, had purchased land bearing Survey No. 779/06 situated at Village Gundiyali by a registered sale deed dated 23.04.1975 executed by Rajgor Megji Velji. Pursuant thereto, an electricity connection bearing Consumer No. 39810/00068/5 was granted in his name and the same has been continuously used for residential purposes for several decades. The name of the Petitioner’s father was initially entered in the revenue record; however, the said entry was subsequently removed without his knowledge. After the death of Mangaldas Govindji on 04.08.2006, the Petitioner, being unaware of the legal procedure, could not mutate the names of the legal heirs in the revenue record. Thereafter, the heirs of the original seller entered their names in the revenue record, which entry has been challenged by the Petitioner before the competent authority. Since the heirs of Rajgor Megji Velji attempted to interfere with the Petitioner’s possession of the property, the legal heirs of Mangaldas Govindji instituted Regular Civil Suit No. 99 of 2025 before the learned Principal Civil Judge, Mandvi-Kachchh seeking declaration and permanent injunction, and the said suit is pending adjudication. It is further submitted that the Respondent authority issued a communication dated 20.06.2025 calling upon the Petitioner to produce ownership documents in relation to the aforesaid land and electricity connection. In response thereto, the Petitioner produced the registered sale deed and Gram Panchayat certificate.

4.1 Thereafter, the Respondent issued notice dated 23.03.2026 threatening disconnection of electricity supply on the ground that documents such as 7/12 extract, 8-A and title documents were not produced. The Petitioner r