Facts
The petitioner operated a lathe workshop and residence at the disputed property, using electricity service connection No. 027-001-1048.
Source reference: pp. 2–4, paras. 2–4The property’s ownership was contested: the petitioner’s husband had filed a pending civil suit concerning the property, and the fourth respondent claimed through a later sale deed from the husband’s first wife.
Source reference: pp. 2–4, paras. 2–4The petitioner alleged that the connection was disconnected at the fourth respondent’s instance and sought its restoration.
Source reference: pp. 5–6, paras. 8–10The first respondent refused, directing her to obtain appropriate orders from the competent court.
Source reference: pp. 5–6, paras. 8–10The petitioner challenged that decision under Article 226.
Source reference: pp. 5–6, paras. 8–10Issues
Whether the High Court could determine the parties’ competing rights to the property, and grant relief concerning the electricity connection, while title was disputed in pending civil proceedings.
Source reference: p. 6, paras. 12–13Whether the first respondent’s refusal to restore the connection, pending an appropriate order or no-objection certificate from the person in whose name it stood, could be faulted.
Source reference: p. 7, para. 14Law Applied
Article 226 empowers the High Court to exercise writ jurisdiction, but the Court held that it could not examine evidence or adjudicate disputed questions of title, which fell within the competent Civil Court’s jurisdiction.
Source reference: p. 6, para. 13Where title to the premises was disputed and the matter was already before the Civil Court, the electricity authority’s direction to obtain a no-objection certificate from the person in whose name the service connection stood was not shown to be erroneous.
Source reference: p. 7, para. 14Reasoning
The Court noted that a suit concerning partition and permanent injunction was pending and that the fourth respondent’s title was also in issue in that suit.
Source reference: p. 6, para. 12Resolving the petitioner’s claim to possession or entitlement to the connection would require consideration of disputed title and evidence, which the Court declined to undertake in writ proceedings.
Source reference: p. 6, para. 13In that context, it found no basis to fault the electricity authority for requiring the petitioner to obtain the specified no-objection certificate.
Source reference: p. 7, para. 14Holding
The Court dismissed the writ petition, declined to order restoration of the electricity connection, and left the petitioner to seek appropriate relief before the competent Civil Court.
There was no order as to costs.
Source reference: p. 7, para. 15Original Court PDF
C.KALPANAvsTHE EXECUTIVE ENGINEER
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