Research › Search › Judgment

High Court of Jammu and Kashmir · body

2026 DAILYLAW 1184 (JK)

IMTIYAZ AHMAD MIR v. UNION TERRITORY OF J AND K AND OTHERS (POWER DEVELOPMENT)

WP(C)/942/2026 · 2026-05-06

M A Chowdhary

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 159 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 942/2026 Imtiyaz Ahmad Mir S/O Late Haji Abdul Rahim Mir R/O Gulzarpora, Rawalpora, Srinagar …Appellant(s)/Petitioner(s) Through: Mr. M. Amin Khan, Advocate Mr. Peerzada Waheed Ahmad, Advocate Vs. 1. Union Territory of J&K through Commissioner Secretary to Govt., Power Development Department Civil Secretariat, Srinagar/Jammu 2. Chief Engineer, Electric Department, Jahangir Chowk, Srinagar 3. Assistant Executive Engineer, Electric Sub-Division Bhagaat, Srinagar ...Respondent(s) Through: None CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE. ORDER 06.05.2026 1. Petitioner, through the medium of the present petition, claims to have succeeded to his father, namely Ab. Rahim Mir, who was the owner in possession of a two-storeyed residential house bearing House No. 24, situated at Gulzarpora, Srinagar, having electricity, water and other utility connections in his name. It is stated that after the death of his father on 08.03.2016, the petitioner approached the respondents with a request to reflect his name in place of his deceased father in the records pertaining to the electricity connection. Accordingly, the petitioner seeks a direction to the respondents to substitute his name in place of his deceased father against Consumer ID No. 0206020011394 and Installation No. 3632A in the records of electric Sub-Division Bhaghat. The petitioner further seeks a direction to the respondents to consider the representations submitted by him by passing a speaking order after taking into consideration the averments made in the writ petition. 2. It is stated that the respondents were under an obligation to reflect the name of the petitioner in the list of consumers, as the petitioner has been regularly paying the electricity charges after the death of his father against the same Consumer ID, which continues to stand in the name of his deceased father. However, according to the petitioner, the respondents, despite repeated requests, have failed to substitute his name in place of his father, even though he is the sole son of the deceased. It is further contended that the respondents have failed to consider the representations submitted by the petitioner from time to time. 3. Learned counsel for the petitioner submits that, after the death of the petitioner's father, the petitioner, being the sole son and legal heir, was entitled to have his name recorded as the consumer in the records of the respondents with respect to the electricity connection obtained by his father during his lifetime. It is further submitted that the respondents have been accepting electricity charges from the petitioner against the said consumer connection, even after the death of his father. 4. Heard. 5. To a pointed query to the learned counsel for the petitioner regarding the applicability of the law governing transfer of an electricity connection from the name of a deceased consumer to his legal heir, learned counsel was unable to substantiate his submissions on that aspect. However, learned counsel submitted that the petitioner may be granted liberty to approach the respondents afresh for transfer of the electricity connection from the name of his deceased father to his own name or, in the alternative, to seek a fresh electricity connection in his own name and the petition be disposed of with that liberty. 6. In view of the submissions made by learned counsel for the petitioner, the present petition is disposed of with liberty to the petitioner to approach the respondents with the proposal suggested by learned counsel. In the event the petitioner approaches the respondents, the respondents shall consider the request for transfer of the electricity connection in favour of the petitioner or, alternatively, grant of a fresh electricity connection in his name, strictly in accordance with law. 7. The petition thus stands disposed of, on the above terms, along with all connected application(s). (M. A. CHOWDHARY) JUDGE SRINAGAR: 06.05.2026 “Adil Ismail”