Case Note & Summary
The petitioner, Pravinbhai Sankarbhai Rabari, filed a Special Civil Application under Articles 14, 16, 19, 21, and 226 of the Constitution of India read with the Electricity Act, 2003, challenging the disconnection of his electricity connection by the Deputy Engineer of Dakshin Gujarat Vij Company Limited (respondent no. 6). The background of the case involves a property dispute: the petitioner's relative had paid Rs. 20,000 to respondent nos. 1 and 2 to purchase suit property bearing block no. 1245-3 on 03/04/2001, but on 26.01.2005, respondent nos. 1 and 2 refused to execute a registered agreement and demanded return of the property. The petitioner claimed that the electricity connection was disconnected illegally and in contempt of earlier orders passed by the High Court and the Supreme Court. The legal issues before the court were whether the disconnection was illegal and whether the petitioner was entitled to restoration of supply. The petitioner argued that the disconnection was without notice and in violation of the Electricity Act, 2003, and that the electricity company had acted in contempt of court orders. The respondents, including the electricity company, did not file affidavits and their counsel waived service. The court, after hearing the parties, held that the disconnection was illegal and directed the respondent no. 6 to immediately restore the electricity connection of the petitioner (Customer No. 13782/30405/5 (2) Meter No. DGST-550194). The court also issued a rule returnable forthwith and disposed of the petition with the direction that the electricity company must follow due process before any future disconnection. The decision primarily favored the petitioner.
Headnote
A) Electricity Law - Disconnection of Supply - Violation of Natural Justice - Sections 56, 126 Electricity Act, 2003 - The petitioner challenged the disconnection of his electricity connection by the respondent electricity company without prior notice or opportunity of hearing, and in contempt of earlier orders of this Court and the Supreme Court. The Court held that the disconnection was illegal and directed immediate restoration of supply, as the electricity company failed to follow the statutory procedure under the Electricity Act, 2003. (Paras 1-3) B) Constitutional Law - Right to Life - Article 21 Constitution of India - Electricity is an essential service and its arbitrary disconnection without due process violates the fundamental right to life under Article 21. The Court emphasized that the right to electricity is a facet of the right to life and cannot be curtailed without following the law. (Para 2) C) Contempt of Court - Wilful Disobedience - The Court noted that the disconnection was in contempt of earlier orders passed by this Court and the Supreme Court, and directed the electricity company to restore supply forthwith, warning that any further violation would attract contempt proceedings. (Para 3)
Issue of Consideration
Whether the disconnection of electricity connection by the respondent electricity company without following the procedure under the Electricity Act, 2003 and in violation of earlier court orders is illegal and whether the petitioner is entitled to restoration of supply.
Final Decision
The court allowed the petition, holding the disconnection illegal, and directed respondent no. 6 to immediately restore the electricity connection of the petitioner (Customer No. 13782/30405/5 (2) Meter No. DGST-550194). Rule made absolute.
Law Points
- Electricity disconnection without notice
- violation of natural justice
- contempt of court orders
- restoration of supply pending civil dispute
