1 2025:CGHC:18157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2802 of 2019 • Rajeev Kumar Gupta S/o Shri Bhola Prasad Gupta Aged About 45 Years R/o Unit No. A-24 And A-25, Amrapali Vananchal City, Gauravpath Road, Bhilai, District : Durg, Chhattisgarh ... Petitioner Versus 1. Chhattisgarh State Power Distribution Company Limited Through The Managing Director, Chhattisgarh State Power Distribution Company Limited, Daganiya, Raipur, District : Raipur, Chhattisgarh 2. The Chhattisgarh State Industrial Development Corporation (CSIDC) Ltd. Through Managing Director, 1st Floor, Udyog Bhawan, Ring Road No. 01, Telibandha, Raipur, District : Raipur, Chhattisgarh 3. M/s Ultra Home Construction Pvt. Ltd. Through The Director, Office No. 307, 3rd Floor, Nipun Towers, Plot No. 15, Community Center, Karkardooma, Delhi-92 4. Amrapali Vananchal City Guravpath Road, Bhiali, District : Durg, Chhattisgarh 5. Municipal Corporation Bhilai Through The Commissioner, Municipal Corporation Bhilai, District : Durg, Chhattisgarh 6. The Assistant Engineer Chhattisgarh State Power Distribution Company Limited Supela, Bhilai, District : Durg, Chhattisgarh ... Respondents For Petitioner : Mr. Vipin Tiwari, Advocate For Respondents No. 1 & 6 For Respondent No. 2 For Respondent No. 5 : : : Mr. Jitendra Pali, Advocate Ms. Anusha Naik, Advocate holding the brief of Mr. Apoorva Goyal, Advocate Mr. Anmol Sharma, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 22/04/2025 1. The petitioner has filed this petition seeking the following relief(s):- Digitally signed by RAMESH KUMAR VATTI 2 “10.1 That, the Hon’ble Court may kindly be pleased to pass an order and quash the letter dated 27.06.2019 (Annexure P- 1) issued by the respondent no. 6 being illegal and arbitrary, in the interest of justice. 10.2 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus commanding upon to the respondent no. 1 and 6 and direct them to supply the permanent domestic electric connection in the premises of the petitioner unit A-24 and A-25 in a stipulated time, in the interest of justice. 10.3 That, any other order of orders or Direction of Relief though just and fit in the circumstances of the case may also kindly be granted.” 2. Learned counsel for the petitioner would submit that the development project was started by Amrapali Vananchal City, Bhilai. The petitioner entered into an agreement with the said developer on 05.05.2013 for the purchase of Plot – Unit No. A-24 admeasuring 3500 sq.ft. and Plot - Unit No. A-25. He would further submit that consideration was paid by the petitioner to the said developer. He would contend that the possession was handed over, but the developer ran away and his whereabouts are not known. He would further contend that the sale deed could not be executed in the absence of the developer/owner of the property. He would also submit that an application was moved by the petitioner to provide the permanent electricity connection before respondents No. 1 and 6 and appropriate charges were also paid. He would contend that the temporary connection has been provided by respondents No. 1 and 6, but no steps have been taken to provide a permanent electricity connection. He would pray for a direction to the respondent authorities. 3. On the other hand, learned counsel for respondents No. 1 and 6 would submit that in the absence of documents relating to the ownership of the property, the permanent electricity connection cannot be provided 3 to the petitioner according to provisions of Clauses 4.15 and 4.16 of the CG State Electricity Supply Code, 2011. 4. Learned counsel for respondents No. 2 and 5 would submit that there is a dispute between the petitioner and respondents No. 1 and 6. 5. Heard learned counsel for the parties. 6. Admittedly, the petitioner purchased the property i.e. Plot No. A-24 and Plot No. A-25 from the developer of Amrapali Vananchal City, Bhilai and an agreement was executed on 05.05.2013. It appears that the sale deeds could not be executed as the developers of the said project ran away and their whereabouts are known to the petitioner. The possession of the property was handed over to the petitioner and he raised the construction of a house and at present, he is residing there. The petitioner moved an application to provide the electricity connection and a temporary connection was provided by the electricity department. The permanent electricity connection could not be provided in the absence of valid documents pertaining to the ownership of the property. According to Clauses 4.15 and 4.16 of the Code 2011, the title deed or ownership documents are necessary to provide a permanent electricity connection. 7. An interim order was passed in favour of the petitioner on 16.08.2019 and a direction was issued to respondents No. 1 and 6 to continue with the temporary electricity supply to the petitioner subject to electricity payment. 8. Taking into consideration the fact that the title/ownership document is necessary to get the permanent electricity connection, the petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to institute a civil suit claiming therein title/ownership over the property. 4 The petitioner would be at liberty to place the order/judgment passed by the competent court or civil court before the concerned electricity department. Respondents No. 1 and 6 shall decide the claim of the petitioner pertaining to the grant of the permanent electricity connection in light of the order/judgment passed by the competent court. 9. The interim order with regard to the temporary connection granted on 16.08.2019 shall continue till the disposal of the civil suit. 10. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti