Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. Petitioner has approached this Court with a prayer to direct the respondents to supply electricity to the petitioner's company under section 43 of the Electricity Act, 2003. He has made an application in the prescribed format as per Annexure-2 dated 02.02.2016, which has not yet been decided by the licensee, respondent No. 1.
(2.) Respondent No. 1, licensee has filed counter-affidavit as well as supplementary counter-affidavit.
(3.) Petitioner contends that he is a transferee pendente lite from one M/s. Punj Sons Pvt. Ltd. It is submitted that Title Suit No. 3/59 of 1971-85 instituted by the respondent No. 1 herein for eviction of petitioner's vendor was allowed in their favour. However, in Title Appeal No. 12/07 of 1986-95 by judgment and order, dated 31.05.1996, the Learned Court of 1st Additional District Judge, Jamshedpur set aside the judgment and decree on contest, Annexure-6. Respondent No. 1 being aggrieved has preferred Second Appeal No. 67 of 1996, which is pending before this Court. Petitioner has also been impleaded as party respondent No. 2 in the said appeal vide order, dated 10.05.2016, Annexure-7 passed by the learned single Judge of this Court. It is submitted that in terms of the provisions of Section 43 of the Electricity Act, 2003 and the Electricity (Supply Code Regulation), 2015, the licensee cannot sit over the matter or refuse electricity connection.;