JAMILA Vs. CHHATTISGARH STATE POWER DISTRIBUTION COMPANY LTD

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 23/2/2022 passed by the 2nd Additional District Judge, Raipur in Civil Appeal No.42/2021, upholding the order passed by the 1st Civil Judge, Class-1 to the Court of 5th Additional Judge, Raipur in Civil Suit No.285-A/2021, whereby the application under Order 39 Rule 1 and 2 of the CPC was dismissed.

(2.) Facts of the case are that the petitioner/plaintiff has filed a civil suit for declaration and permanent injunction for establishing the electricity connection in the house situated besides Moosa Hotal, Mominpara, Raipur, being an occupant. In the said civil suit, the petitioner has filed an application under Order 39 Rule 1 and 2 of the CPC to provide electricity connection, which has been dismissed by the impugned orders.

(3.) Learned counsel for the petitioner would submit that the orders passed by the Court below are bad in law. Learned counsel has drawn attention of the Court towards Sec. 43 of the Electricity Act, 2003, which provides that the licensee shall on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply. The concerned authority is under an obligation to provide electricity connection to the petitioner and it cannot refrain by making excuses that the document regarding ownership has not been produced before it. So, learned counsel prays to set aside the impugned orders and to direct the respondent authorities to provide electricity connection to the petitioner. Reliance is placed in the matters of Yogesh Lakhmanbhai Chovatiya Vs. PGVCL through the Deputy Engineer {R/Special Civil Application No.6281/2021, decided on 2/8/2022 by the Gujarat High Court}, Dilip (Dead) Through LRs. Vs. Satish and Others {2022 LiveLaw (SC) 570} and N.R. Sharma Vs. Chhattisgarh State Power Distribution Company Limited and other connected matters {WPC No.3341/2017, decided on 2/1/2018 by this Court}.