Smt. Meera Shankar Sahu vs Smt. Rukhmani Chouhan on 24 November, 2016

[Cites 1, Cited by 2]

Chattisgarh High Court

Smt. Meera Shankar Sahu vs Smt. Rukhmani Chouhan on 24 November, 2016

Bench: Prashant Kumar Mishra

                                                              NAFR

       HIGH COURT OF CHHATTISGARH, BILASPUR

                       WPC No. 2183 of 2016

    Smt. Meera Shankar Sahu W/o Hemshankar Sahu, Aged About 40
     Years R/o Azad Ward, Ward No 37, Behind Shyamlal Pandey
     House, Ganjpara, Durg, Police Station And Post Durg, Civil And
     Revenue District Durg Chhattisgarh

                                                      ---- Petitioner

                              Versus

   1. Smt. Rukhmani Chouhan Wd/o Late Ramesh @ Laxminarayan
       Chouhan, Aged About 47 Years R/o Azad Ward No 37, In Front
       Of Chhattisgarh Hotel Pulgaon Naka, Ganjpara, Durg, Police
       Stiaton And Post Durg, Civil And Revenue District Durg
       Chhattisgarh

   2. Assistant Engineer, Chhattisgarh State Power Distribution
      Company, Durg Baghera Zone, Tahsil And District Durg
      Chhattisgarh

   3. Chairman ( Public Utility Services) Permanent Lok Adalat, Durg,
       Distirct Durg Chhattisgarh

                                                    ---- Respondent

For Petitioner Mr. Manoj Paranjpe, Advocate For Respondent No.1 Mr. Manish Upadhyaya, Advocate For Respondent No.3 Mr. Ashish Shrivastdava, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 24/11/2016

1. Heard.

2. Challenge in this petition is to the order passed by the permanent Lok Adalat (Public Utility Services) refusing petitioner's impleadment as a party in the application moved by respondent No.1 -tenant seeking restoration of electricity connection.

3. Admittedly, the petitioner-landlord has moved a suit for eviction before the Civil Court. During pendency of the said suit, the tenant has moved the subject application before the Lok Adalat (Public Utility Services) seeking restoration of electricity supply.

4. Having heard learned counsel for the parties, in the considered opinion of this Court, the petitioner being the landlord has an interest in the outcome of the application and is entitled to raise her plea, which is available to her under the Rent Control Act, 2013 or under common law.

5. The petitioner appears to be a proper party, if not a necessary party, in the proceedings between the tenant and the C.G. State Power Distribution Company Ltd., for restoration of electricity connection.

6. For the foregoing, the writ petition ins allowed and the impugned order is set-aside. Consequently, the petitioner's application for impleadment stands allowed.

7. Let the matter be decided on its own merits by the Lok Adalat (Public Utility Services) without being influenced by any of the observations made in this order. Sd/-

Judge (Prashant Kumar Mishra) Shyna

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