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Judgment
Honourable Mr. Justice K.M. Thaker
Heard Ms. Panchal, learned advocate for the applicant, and Mr. Oza, learned advocate for the opponent No.3. In present application, the applicant has prayed for below mentioned relief:-
6lB) YOUR LORDSHIPS may be pleased to direct the Respondents to grant the a applicant regular electricity connection in Flat No.301 at Devnand Complex, Panwadi, Bhavnagar on the terms and condition that this Hon''ble Court think fit to impose upon the applicant."
The applicant herein is the original petitioner, who has filed writ petition being special Civil Application No.11012 of 2004. According to the applicant, the said writ petition has been admitted and is pending for final hearing.
In the said writ petition being Special Civil Application No. 11012 of 2004, the applicant herein - writ petitioner has prayed for below mentioned relief:-
(A) YOUR LORDSHIPS may be pleased to admit this petition;
(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to restore electric supply at the petitioner''s flats.
(C) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to give the power supply and meter on the name of the petitioner at Flats Nos.301 and 302 at Devnad Complex;
OR
YOUR LORDSHIPS may be pleased to direct the respondents to restore the power supply at the Flats No.301 and 302 of the petitioner at Devnad Complex which was disconnected by the respondents;
3.1 While, admitting the petition vide order dated 20.9.2004, the Court passed below mentioned order:-
RULE.
The petitioner shall apply for separate connection for flat no. 302 and the connection of flat no. 301 shall be reconnected on condition that the petitioner shall pay all the charges for consumption which he has already consumed as per the record of the respondent Board.
The petitioner shall also file an undertaking that he will ay all the dues, if ultimately he fails in this petition.
It is further directed that the petitioner shall now not take the electric supply for flat no. 302 from 301.
Mr. Gohil submitted that an application is already made for electric supply for flat no. 302. However, the respondent Board shall consider the same within a period of four weeks from the date of receipt of the order of this Court.
Direct Service is permitted.
3.2 Now, the applicant has taken out present application seeking above quoted relief.
At this stage, it is necessary to take into account the order dated 5.11.2004 passed by the Court in Civil Application No.8909 of 2004. The said order reads thus:-
Respondents are directed to give temporary connection to the applicant subject to the contention raised in Civil Application filed by the original owner. This civil application stands disposed of accordingly.
Accordingly, in view of the said order dated 5.11.2004, the respondents have released temporary supply connection in favour of the applicant and presently, the applicant - writ petitioner is enjoying electricity supply pursuant to the said order.
It is not in dispute that a civil suit about the title and ownership of the premises is pending before the learned trial Court. Differently put, there is dispute pending with regard to the title and ownership of the premises in question. The applicant � writ petitioner has applied for electricity supply connection claiming ownership of the premises in question.
Mr. Oza, learned advocate for the opponent - electricity company, has submitted that substantive dispute between the applicant and the opponent electricity company is pending by way of writ petition being Special Civil Application No.11012 of 2004 and the relief prayed for in present application is similar to one of the reliefs prayed for in the said writ petition and if the relief as prayed for in present application is granted, it would amount to granting relief of final nature, which can be granted at the time of final hearing of the writ petition. In the facts and circumstances of the case, objection raised by the Learned Counsel for the opponent electricity company appears to be justified. Since the dispute between the parties is pending by way of writ petition being Special Civil Application No.11012 of 2004, it does not appear justified, at this stage, to grant relief as prayed for in para-6(b) of present application.
It would be, however, open to the applicant to request for early hearing of the writ petition being Special Civil Application No.11012 of 2004, by way of appropriate application.
It is clarified that present order will not come in the way of applicant - writ petitioner in raising available contentions, at the time of hearing of the writ petition.
With the aforesaid clarification and observations, present application stands disposed of. Notice is discharged.