[2025:RJ-JD:53211]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18757/2025 Smt. Usha Kalla W/o Shri Tejkaran Ji Kalla, Aged About 46 Years, R/o G-100, Shastri Nagar, Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary To The Government, Energy Department (Electricity), Secretariat, Jaipur.

2. The Chief Engineer (Zonal), Jodhpur Zone, Jodhpur Discom, Jodhpur.

3. The Assistant Engineer (N.u.kh. B Iii), Jodhpur Vidhyut Vitran Nigam Ltd., Jodhpur.

----Respondents For Petitioner(s) : Mr. S.D. Purohit with Mr. R.S. Mali For Respondent(s) : Mr. Harish Bera HON'BLE DR. JUSTICE NUPUR BHATI

Order

08/12/2025

1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India claiming following relief(s):

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction in the nature of mandamus or certiorari, the impugned order Annexure-6 dated 15.09.2025 deserves to be quashed and set aside and the respondents may kindly be directed to grant the electric connection for the said residential house G-100, Shastri Nagar of the petitioner forthwith by allowing her application Annexure-5 in the interest of justice.

xxxxxx”

2. Factual prism obtaining in the present case is that the petitioner, residing at residential house being House No.G-100, Shastri Nagar, Jodhpur, Rajasthan since 1999 by virtue of marriage into the family of late Shambhu Dutt Ji Kalla, asserts her right to residence and electricity supply. Late Shambhu Dutt Ji Kalla held a valid patta for the house since 1969 and resided there until his death in 2019. Before his demise, he executed a Will on 14.09.2017 (Annex.3) distributing the property shares among his wife, petitioner, and offspring. The property has never been partitioned, and each beneficiary has the right to use the house. Despite this, the wife of late Shambhu Dutt Ji Kalla and two sons purportedly sold the property without legal partition, claiming a majority share, by executing a registered sale deed to third parties. Following this, the electricity connection at the house, held since construction in the name of late Shambhu Dutt Ji Kalla, was disconnected by the respondents on 15.07.2025, allegedly under the influence of the purchasers who transferred the connection to their names. This disconnection caused severe hardship to the petitioner and her dependent daughters. The petitioner applied for a new electricity connection vide application (Annex.5), completing all formalities, but the respondents rejected the application vide order dated 15.09.2025 (Annex.6) and thus, being aggrieved of the same, petitioner has preferred the present writ petition.

3. Counsel representing the petitioner submits that the petitioner being an occupier of the premises, was peacefully residing in the house, however, on the basis of some dispute, the electricity connection of the residential house being House No.G- 100, Shastri Nagar, Jodhpur, Rajasthan, was disconnected by the respondents on 15.07.2025; whereafter, petitioner has been running from pillar to post, requesting the respondents to restore the electricity connection. He submits that the respondents on whimsical grounds, rejected the application of the petitioner vide order dated 15.09.2025 (Annex.6) stating therein that for the purpose of restoring the electricity connection, petitioner is required to get the No Objection Certificate consent from the other co-owners. He submits that under Section 43 of the Indian Electricity Act, 2003, in case of application filed by the owner or occupier of any premises, respondents are under an obligation to supply the electricity connection, however, in the present case, respondents have assigned whimsical reason while rejecting the application of the petitioner.

4. In support of his contentions, counsel for the petitioner places reliance upon the order of th