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Judgment
Heard Mr. Prateek Sharma, learned counsel for the appellant. Also heard Mr. Shikhar Sharma, learned counsel, appearing for respondent No. 1/writ petitioner and Mr. Apurv Goyal, learned counsel, appearing for respondent No. 4.
Respondents No. 2 and 3 being regulatory authorities of electricity, they are formal parties, and therefore, notice need not be issued to them.
This writ appeal is preferred against an order dated 27.07.2022 passed by the learned Single Judge in Writ Petition (C) No. 4412 of 2021.
The order of the learned Single Judge, reads as follows:
"Mr. Shikhar Sharma and Mr. R.S. Thakur, counsel for the petitioner.
Ms. Sameeksha Gupta, P.L. for State/respondents No. 2 & 3.
The petition is admitted for hearing.
Issue notice to respondents 1 & 4 on payment of PF as per rules.
Let notice be issued on I.A. No.01 as well.
Considering the direction that was given in the original order dated 16.03.2021 and also considering the contention of the petitioner that they have already completed the requisite formalities with the respondent no.4 for providing electricity connection enabling respondent no.1 in getting the permanent electricity connection, till the next date of hearing the respondents are directed not to initiate any coercive step against the petitioner in the execution proceedings initiated arising out of the order Annexure P-2 dated 16.03.2021.
List this case along with WPC No. 3505/2021."
Mr. Prateek Sharma submits that on the basis of a brochure, published by respondent No. 1/writ petitioner, assuring to provide complete developed plot having all amenities, the appellant purchased a residential plot from respondent No.1/writ petitioner by sale deed dated 27.10.2010 in Sector-III in respect of a project styled as VIP city in Kushabhau Thakre Ward, Urkura Road, Saddu, District Raipur and the appellant constructed his residential house and has been residing thereon since 2019 onwards. The responsibility of providing electricity connection lay in the hands of the colonizer, i.e., respondent No. 1/writ petitioner. However, the respondent No. 1 did not provide electricity till date though more than 2 years have gone by, as a result of which, the appellant is compelled to take temporary electric connection at the rate of Rs. 10.50 per unit, whereas the applicable charge in respect of permanent electricity connection is Rs. 4 per unit only.
As there was continued failure to provide electricity connection, which is a basic necessity of life, the appellant filed a petition before Real Estate Regulatory Authority (RERA), making a grievance in respect of not providing permanent electricity connection and by an order dated 16.03.2021, RERA directed the respondent No. 1 to provide permanent electricity connection within two months. Thereafter, the appellant started the execution proceedings due to non-compliance of the order dated 16.03.2021 by the respondent No. 1 and an order was passed to that effect on 16.06.2021.
After the order dated 16.06.2021 was passed, without challenging the said order dated 16.03.2021, a writ petition came to be filed challenging the earlier order dated 16.03.2021 on 07.08.2021, being Writ Petition (C) No. 3505 of 2021.
Mr. Prateek Sharma further submitted that the respondent No. 1 subsequently filed the present writ petition, out of which this appeal arises, suppressing the fact that this Court in Writ Petition (C) No. 3505 of 2021 had rejected the prayer for interim order to stay the order dated 16.03.2021. While filing the present writ petition, cleverly, what was challenged is order dated 16.06.2021 though it is an admitted position that both the orders, namely, 16.03.2021 and 16.06.2021 were in existence when the earlier writ petition being Writ Petition (C) No. 3505 of 2021 was filed.
The order dated 31.08.2021 passed by the learned Single Judge in Writ Petition (C) No. 3505 of 2021, reads as follows:
"Shri Raghvendra Pradhan, counsel for the petitioner.
Heard.
Learned counsel for the petitioner would submit that against the order dated 16.03.2021 passed by the RERA in Case No.M-PRO-2020-01119, though the appeal has been preferred but the appeal could not be heard for the reason that the appellate authority still has not joined and in the meanwhile the execution is being carried out, therefore, the execution of the order dated 16.03.2021 in Case No.M-PRO-2020-01119 be stayed.
The perusal of the order of the RERA would show that relief is with respect to the providing electricity connection to the respondent. The relevant part of the order dated 16.03.2021 is reproduced hereinbelow:-
Therefore, the balance of convenience lies in favour of rejection of this interim application as electricity connection would be a necessity for human life. Therefore, I am not inclined to stay the order dated 16.03.2021. Accordingly, the I.A. No.1 for interim relief is dismissed.
Issue notice to the respondents on payment of process fee as per rules.
List it after six weeks."
Mr. Shikhar Sharma, learned counsel, appearing for respondent No.1/writ petitioner submits that they are ready and willing to make payment of necessary charges to the respondent No. 4 to give electric connection to the appellant.
Mr. Apurv Goyal, learned counsel, appearing for respondent No. 4 submits that respondent No. 1 has got outstanding dues and unless the outstanding dues are cleared by the respondent No. 1, under relevant rules, electric connection to the appellant cannot be given even if charge for such electricity connection is paid.
We will not deal this aspect of matter in this appeal and express no opinion on the same since this present appeal is preferred against grant of an interim order.
When the prayer for grant of stay of the order dated 16.03.2021 was rejected in Writ Petition (C) No. 3505 of 2021, about which there is no mention in Writ Petition (C) No. 4412 of 2021, and the manner in which the writ petitions were filed, we are of the opinion that interim order needs to be vacated and accordingly, the same is vacated. Resultantly, the writ appeal is allowed.
Registry will list this case before the appropriate Single Bench having roster on 26.09.2022.