Facts of the Case

Ashwani Kumar, running M/s Ashwani Trading Company (spare parts business) from rented premises in Transport Nagar, Jammu, held a GST registration for his business and had an existing electricity connection which was disconnected amid a dispute with his landlord (subject of a separate civil suit with a restraint order dated 03.07.2023 in his favour). When he applied for a new three-phase electricity connection under Section 43 of the Electricity Act, 2003, the respondents refused to even accept the application, allegedly under pressure from the landlord. This is entirely an Electricity Act dispute — the petitioner's GST registration is mentioned only as one of several details establishing the legitimacy of his business.

Issues Involved

  1. Whether the respondents were obliged, under Section 43 of the Electricity Act, 2003, to accept and process the petitioner's application for a new electricity connection.

Petitioner's Arguments

  • Section 43 of the Electricity Act, 2003 cast a mandatory duty on the respondents to supply electricity within one month of an application, and refusal to even accept the application was illegal and arbitrary, especially given a civil court restraint order in his favour against the landlord.

Respondent's Arguments

  • Not separately elaborated in the excerpted order.

Court Order / Findings

  • The Court found the matter could be disposed of by directing the respondents to consider grant of a new three-phase connection, which would not cause prejudice to the respondents' interests.
  • Respondents were directed to consider the grant of connection within two weeks, while remaining free to insist on completion of required formalities except the 'No Objection' from the landlord.

Important Clarification

This order applies Section 43 of the Electricity Act, 2003 and has no bearing on GST law — the petitioner's GST registration was mentioned only to establish that he ran a genuine business, not as a subject of adjudication.

Sections Involved

  • Electricity Act, 2003, Section 43
  • Constitution of India, Article 226

Decision – In Favour of

Disposed of in favour of the petitioner — respondents were directed to consider and grant the new electricity connection within two weeks, without insisting on landlord NOC.

Case Details

  • Court: High Court of Jammu & Kashmir and Ladakh at Jammu
  • Case Number: WP(C) No. 1099/2026
  • Coram: Justice Mohd. Yousuf Wani
  • Date of Order: 22.04.2026

Link to Download the Order

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