- (1.) In view of the case stated in paras 3, 4, 5 and 6, I am unable to see how the licensee could issue the letter dated February 29, 2008 (at p. 12) asking the Petitioner to obtain a no-objection certificate from the other co-owners of the property to entitle him to get electricity.
(2.) It is not the case of the licensee that the Petitioner is not an occupier of a portion of the premises. Being an occupier of a portion of the undivided property the Petitioner is entitled to electricity under Section 43 of the Electricity Act, 2003. It has been clearly stated that the Petitioner is the only occupier, though the property is jointly owned by him and his sister and brothers. Under the circumstances, I am of the view that the licensee was wrong in withholding supply to him.
(3.) For these reasons, I dispose of the petition ordering as follows. Within a fortnight from the date of communication of this order the licensee shall give the Petitioner electricity on his complying with necessary formalities and paying charges, if any. It is made clear that electricity given in terms of this order shall not create any right or equity in favour of the Petitioner, and that nothing in this order" shall affect any right of the other co-owners of the property. No costs. Certified xerox.;