1. The petition is taken out by the petitioner, seeking below mentioned reliefs and directions:
"29(B) That the Hon'ble Court may be pleased to allow this Special Civil Application by issuing appropriate writ, order or direction by directing respondent to forthwith reconnect the connection of the petitioner for meter No.5281846 and consumer No.87602/06896/3 by accepting appropriate charge for reconnection in the facts and circumstances of the present case.
29(C) This Hon'ble Court may be pleased to allow this petition by issuing suitable order or direction to the respondents and also be pleased to direct the respondents to reconnect the supply and the action of not granting reconnection on the ground that the petitioner is not the owner of the premises may be declared unjust, illegal."
2. On earlier occasion, i.e. on 28.4.2011, as a stop-gap and ad-hoc arrangement, certain permission was granted to present petitioner. In the said order dated 28.4.2011, it was observed, inter-alia, that it would be open to the petitioner, in the meanwhile, to submit an application requesting the respondent licensee company to install electricity supply connection, on temporary basis until any interim or final order is passed.
"3.
Learned advocate for the respondent licensee company also may, after going through said judgments, appropriately instruct the concerned / competent officer who shall, take appropriate decision in accordance with law and after considering the judgments of the Court and its applicability. It is clarified that if the electricity supply connection is accordingly installed by the respondent licensee company it would be purely on temporary and ad-hoc basis which will not create any right or equity in favour of the petitioner.
4. It is necessary to note that the petitioner has contended that he is in occupation / possession of the premises in question. However, there is no material to establish the said aspect."
It appears from the record that there is serious dispute about the status of the petitioner.
3. It is not in dispute that the petitioner is not owner of the premises in question. His status as tenant or trespasser or of any other nature is in serious dispute by the respondents, particularly respondents No.3 to 5.
4. It is also not in dispute that the electricity supply connection has been discontinued by the electricity company.
5. The registered owner of the premises in question has not made any application to the electricity company for re-connection.
6. The petitioner whose status with reference to the premises in question is in dispute, has prayed for above-mentioned reliefs and directions.
7. It is also not in dispute that any application for supply connection has not been made to the electricity company by the petitioner. On previous occasion, considering the exigency, a purely ad-hoc arrangement was permitted vide the above order dated 28.4.2011 and it was clarified in the order that the arrangement would be purely on temporary and ad-hoc basis, which will not create any right or equity in favour of the petitioner.
8. The petitioner cannot expect that such purely on temporary and ad-hoc arrangement should continue indefinitely.
9. Under the circumstances, the fact-situation undisputedly, is that the petitioner has not made any application for electricity supply connection and the status of the petitioner qua the property in question is still in dispute.
10. It is clarified that if at all, the petitioner makes any application before the electricity company, then the licensee shall consider such application strictly in accordance with law and according to the provisions of the Electricity Act, 2003 and the Rules framed thereunder and decide such application accordingly.
11. It is clarified that the electricity company will not be influenced by present order or order dated 28.4.2011 and shall take appropriate decision on merits of the application and in accordance with applicable provisions of the Act and the Rules.
12. With the above clarification, the application is disposed of.
(K.M.
Thaker, J.) Bharat* Top