(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) This appeal is directed against the order of the learned Single Judge passed in Special Civil Application No.16698 of 2011. By the impugned order, the learned Single Judge has admitted the writ petition filed by the respondent No.1 and by way of interim relief, the impugned order in the writ petition was stayed. However, the appellant, who is the original respondent No.2 in the writ petition, is permitted to apply for electricity connection afresh, which may be decided in accordance with law.
Learned counsel for the appellant submitted that the appellant is the owner and is entitled to have electric connection and if he applies afresh, he will have to spend Rs.3,00,000/- for getting new connection. It is submitted that the appellant is without electric connection since years and if the writ petition takes long time, he will be without electricity.
In our view, this appeal is not required to be entertained against such an interlocutory order. Though it is true that as on today, the appellant is without electricity, but whether he is entitled to get the electricity connection and as to whether he is owner of the property, is to be decided in the writ petition.
Considering the aforesaid aspect, in order to balance the equity, we are of the opinion that learned Single Judge may dispose of writ petition as regards the electric connection at the earliest. Accordingly, while disposing of the appeal, we request the learned Single Judge to dispose of the aforesaid writ petition as expeditiously as possible, preferably on or before 31.10.2012. In the meanwhile, it will be open for the appellant to apply for a new connection and if any decision is taken by the electricity company to give new connection, it is open for the appellant whether to pay the deposit or wait till the decision of the learned Single Judge, so that further time is not wasted in case the writ petition filed by the respondent is allowed by the learned Single Judge in this behalf.
This Letters Patent Appeal is disposed of in the above terms.
In view of dismissal of main Letters Patent Appeal, Civil Application No.6826 of 2012 does not survive and disposed of accordingly.
(P. B. MAJMUDAR, J.) (MOHINDER PAL, J.) (vipul) Top