MADAN MAHTO Vs. B.S.E.BOARD
LAWS(JHAR)-2001-6-22
HIGH COURT OF JHARKHAND
Decided on June 11,2001

Madan Mahto Appellant
VERSUS
B.S.E.BOARD Respondents

JUDGEMENT

M.Y.EQBAL,J. - (1.) HEARD learned counsel for the parties.
(2.) IN this writ application the petitioner has prayed for issuance of appropriate direction upon the respondents to provide electric connection and supply electric energy in the premises of the petitioner being R.S. Plot No. 541, Khata No. 4 under Khawat No. 3 of Ranchi Municipal Corporation. The undisputed facts are as follows: - - (i) The petitioner purchased the building premises from A.K. Bose, son of late D.N. Bose, vide registered sale deed dated 29.6.94 and get possession of the same. (ii) The petitioner for the first time applied for fresh electric connection on 12.8.2000 as stated in the counter affidavit, whereas as per Para 9 of the writ application the petitioner applied for the first time for electric connection on 27.9.2000. (iii) On 22.12.99 a raid was conducted by the respondent Board in the building premises of the petitioner and others and it was found that the petitioner and others were committing theft of electricity without making payment of bills. (iv) The respondent -Board lodged FIR to that effect against the petitioner and others on 22.12.99. (v) The petitioner was arrested - and thereafter he was released on bail by the Court below on payment of Rs. 20.000/ -.
(3.) ON the aforesaid admitted facts, the question arises whether this Court in exercise of its extraordinary power under Articles 226 and 227 of the Constitution of India shall issue writ to the respondents to provide electricity to the petitioner. I am of the definite view that this extraordinary jurisdiction of the High Court is not meant for giving relief to the persons like the petitioner. The ratio decided by the Apex Court in the Isha Marbles case is not at all applicable in the facts of the present case. It is rather surprising that the petitioner purchased the building in 1994 and consumed electricity illegally and it was only after FIR was lodged against him, he applied to the Board for supply of electricity.;


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