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2026 Supreme(Online)(Guj) 17426
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Hemant M. Prachchhak, J
Heirs of Dayaram Hirji Gor(Ugani) – Appellant
Versus
Vishal Navinchandra Gor – Respondent
C/SCA/5312/2026 | R/SPECIAL CIVIL APPLICATION NO. 5312 of 2026
For the Appellants/Petitioners: Neeraj Soni, Prashant Mankad
For the Respondents: Chinmay M Gandhi
Electricity is a basic amenity; distribution licensees are statutorily mandated under Section 43 of the Electricity Act, 2003, to provide connections to the owner or occupier of a premises, regardless of title disputes or the absence of a No Objection Certificate.
Headnote:(A) Electricity Supply - Basic Amenity - Right to electricity is recognized as a basic amenity; therefore, a person in occupation of premises cannot be deprived of the connection based on title disputes or the absence of a No Objection Certificate from a landlord. (Para 14, 15)
(B) Statutory Duty - Section 43 of Electricity Act, 2003 - Distribution licensees are under a mandatory statutory obligation to supply electricity to the owner or occupier of the premises upon application, provided possession is established. (Para 10, 11)
(C) Principles of Natural Justice - Disconnection of Electricity - Disconnecting electricity supply without prior notice or granting an opportunity to be heard is arbitrary, unreasonable, and violative of Article 14 of the Constitution of India. (Para 7, 7.1)
Issues: Whether the electricity distribution company can legally disconnect electricity supply to an occupier without prior notice or based on a pending title dispute between parties.
JUDGMENT
1. RULE returnable forthwith. Mr. Chinmay Gandhi, learned counsel waives service of notice of Rule on behalf of respondent No.6 – PGVCL.
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 petitioners under Articles 21 and 226 of the Constitution of India read with the provisions of the Electricity Act, 2003 with below mentioned relief/s:-
"10(A) Direct the action of PGVCL of disconnecting electricity connections bearing no. 39810-00175-4 and 39810-10129-5, illegal and direct the PGVCL to reconnect the said electricity connections forthwith, and
(B) Direct the PGVCL to reconnect the electricity connections bearing no. 39810-00175-4 and 39810-10129-5 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. 39810-00175-4 and 39810-10129-5 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 petitioners were in possession and in occupation of the Revenue Survey No. 801, 'Purivadi', Hundraibaug Wadi, Bag - Gujdiyali, Ta. Mandvi, Dist. Kachchh (the property) since last 80 years. That, originally, the forefathers of the petitioners were in possession of the property. That, petitioner No. 1 Dayaram Hirji Gor (Ugani) had obtained electricity connection bearing No. 39810-00175-4 and another electricity connection number was 39810-10129-5 in the name of Hitesh Rameshbhai Rajgor. That, due to harassment of the private respondent Nos. 1 to 5, the petitioners have filed Regular Civil Suit No. 75 of 2025 for seeking relief, inter alia, that the respondent Nos. 1 to 5 be restrained from interfering the possession of the petitioners, which is pending in the Court of Principal Civil Judge, Mandvi – Kachchh. That, in the meantime, the petitioners learnt that the private respondents were attempting to unlawfully dispossess the petitioners, despite the pendency of the civil suit and approached PGVCL requesting disconnection of electricity to the said property. That, despite the pendency of the suit, without any prior notice or intimation, the ofÏcers of PGVCL - acting in clear consonance with the private respondents illegally disconnected the electricity supply on 25.03.2026, without any order or lawful authority and opted to succumb to their arm-twisting efforts of the private respondents.
5. Being aggrieved by the inaction and arbitrary conduct of the respondent No.6 in disconnecting the electricity connection, the petitioners have preferred present petition with above quoted relief/s.
6. Heard Mr. Neeraj Soni, learned counsel appearing on behalf of the petitioners and Mr. Chinmay Gandhi, learned counsel appearing on behalf of the respondent No.6 - PGVCL.
7. Learned counsel for the petitioners has submitted that the conduct of all the respondents, including the ofÏcers of the PGVCL, is absolutely in defiance of the dignity and authority of the Court of law as the efforts are to frustrate the suit and to overreach the Court case. He has submitted that the private respondents have used respondent PGVCL as a tool to get the property vacated in an absolutely unlawful manner. He has submitted that the action of the PGVCL is directly in violation of Principles of Natural Justice, as the impugned action of disconnection has been carried out without issuance of mandatory prior notice, without granting the petitioners an opportunity to explain or rectify any alleged dues/defects, if any, and it is a settled law that no civil consequences can be imposed withou
