HIGH COURT OF C‘HHATTISGARH AT BILASPUR WRIT PETITION No. 2120 of2001 PETITIONER : 1. Sajan Kumar Shanna, aged about 40 years, S/o Atma Ram Shanna R/o Ward No. 13, Sakti, District Janjgir—Champa (Chhattisgarh) 2. Kamal Kumar Sharma Aged about 38 years S/o Atma Ram Shanna, R/o Ward No. 13, Sakti, District Janjgir-Champa (Chhattisgarh) VERSUS RESPONDENTS : 1. Collector (cum Appellate Authority, Janjgir- Champa) Distria ' Janjg‘r—Champa 2. Chlef Executive Officer Nagar Panchayat, Saktl District JanJgLr-Champa ”é 3. Executive Engineer (0&M) Division C.S.E.B. Sakti, Distt. : Janjgir-Champa. 4. Murlidhar Shanna, aged about 55 years, S/o Ganpatlal Shanna R/o Village : Sakti, District Janjgir—Champa (Chhattisgarh) WRIT PETITION UNDER ARTICLES NO. 226/227 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Vishnu Koshta Advocate tor the petitioners Shn Vivek Shanna Panel Lawyer for the State/respondent No 1 Shri A.S Gaharwar Advocate for the respondent No 3 ORAL ORDER (Passed on 17m day of November, 2008) The petitioner impugns the order dated 09.05.2001} (Annexure P/7) passed by the Additional Collector, Janjgir-Champa, whereby permission sought for by the respondent No. 4 to obtain electricity connection nom respondént No. 3 was accorded. 2. Shri Vishnu Koshta, learned counsel appearing for the petitioners submits that the petitioners are the owner of the disputed premises wherein admittedly. the respondent No. 4 has been in possession for 16 -l7 years as per report of Tehsildar. Shri Koshta submits that no electricity connection should be given to the respondent No. 4 without no-objection-certificate hem the petitioners. 99 3. On query: asto whichprovision of the Electricity Act yrovides for no objection cextiflcate from the owner when admittedly, the possession of a person has been established, the petitioner is not in a position to point out any prohibition. Shn’ Koshta thither submits that without obtaining no objection certificate from the Chief Executive Officer, Nagar Panchayat, Sakti, Electricity connection has been given to the respondent Nok4. x; Shri oshta relies on order dated 3.11.2000 (Annexure P/3) in support of his contention. On perusal of order dated 3.11.2000, it appears that he objection raised by the petitioners have been rejected by th Chief Executive Officer, Nagar Panchayat, Sakti. Be that as it-may, since there is no bar to grant electricity connection to a person who is in possession ofthe property: in the instant case, admittedly for 16 - 17 years, there is no Mingement of any right accrued in favour of the petitioners. It is for the Electricity Board to consider and examine all the necessary objections before grant of electricity connection. Shri Gaharwar, learned ounsel appearing for e respondent No. 3, submits that all the legal requirements would be complied with before nting connection to Petitioners’ emises, which is in session of N respondent o. 4. In View of the foregoing, this petition is meritless and is dismissed, accordingly. No order asto costs. re~‘ ‘ Sd/— 3am Whom” Ju'dge K t e c th a r s A . K