The record is posted today for further hearing. But, the complainant remained absent today for which the hearing of the case impaired. The O.Ps so also the third parties are present. The O.Ps have filed their written statement. In the present case, third party filed their joint written version.  In the above facts and circumstances, this Commission is constrained to pass this order taking into consideration the merits of the case. Hence, this order.

                                         It is stated by the complainant that he is the son of deceased Upendra Nath Pati. He has been availing the electricity in the name of his father, who was a consumer bearing No.324251010674 and paying the electricity dues regularly. It is stated that on 25.07.2023, the O.Ps entered into his premises and disconnected the power supply without any reason. In the meantime, the father of the complainant died and the complainant approached the O.Ps to transfer the said consumer number in his name and to that effect he had made an application to them. The complainant had been to the office of the O.Ps time and again, but in vain. So, there attributes a deficiency in service on the part of the O.Ps.

                                         The O.Ps have appeared and filed written version stating, inter alia, that the deceased father of the complainant namely Upendra Pati was the consumer and during his life time, he approached them for disconnection of the power supply and after receipt of his application, the power supply was disconnected. Thus, again same account cannot be reopened against a dead man. Further, on the application made by the complainant for restoration of the power supply, the O.Ps have visited the spot where the legal heirs of deceased Upendra Pati objected on the ground that a civil suit is pending over the plot over which an order of status quo was ordered to be maintained by the parties. But, the complainant, by suppressing the material facts, had cunningly obtained an order from this Commission for restoration of the power supply on 27.12.2023.  Still then, the O.Ps are about to supply power connection, but the present third party stated that they had already appeared in the present case and filed objection and unless it was decided, their hands are tight to carry out the order of this Commission.

                                         In their written version, third party have stated that Plot No.1643 over which the complainant wanted to connect electricity connection belonged to their deceased father Upendra Pati where power supply was connected in the name of their deceased feather and the power supply was disconnected on the request of their father. Now the complainant is residing at Begunia since 20 to 25 years which is 7 Kms away from their ancestral house. The complainant had not visited his father during his life time. It is further stated that the complainant has filed this case when the O.Ps refused to supply power supply in the old consumer number. When the complainant is not a consumer under the O.Ps and the disputed house do not belongs to the complainant, supply of power to the said premises would lead dispute between them. Further, the complainant is trying to establish his illegal possession over the house by reconnecting the electric connection in the old consumer number. It is emphatically stated by these third parties that the complainant of this case has filed one Civil Suit No.1290 of 2023 before the Court of Senior Civil Judge, Balasore for partition of their ancestral property. He has also filed Interlocutory Application No.305 of 2023 & 90 of 2024 for temporary injunction. The Hon’ble Court, on hearing from both the sides, in both the cases, refused to pass any interim order of injunction. Therefore, in present facts and circumstances, supply of power in the name of a dead person will not be a prudent act of the O.Ps.

                                         On perusal of the documents and pleadings of the parties, it is found that a Civil Suit for partition bearing No.1290/1492 of 2023 is pending in the Court of Senior Civil Judge, Balasore between the legal heirs of deceased Upendra Nath Pati and the present complainant is one of the legal heirs. In the said Civil Suit, the complainant has filed Interlocutory Application No.305 of 2023 & 90 of 2024 for temporary injunction. Learned counsel for the third parties have fairly conceded that in both the Interlocutory Applications, learned Court concerned upon hearing from both sides has already passed order directing both the parties to maintain status quo over the disputed land. When the land over which the complainant wants to restore electricity connection seems to have been recorded in the name of his deceased father which is the subject matter of the aforesaid Civil Suit for partition and the lis between the parties has not yet reached its finality and when the learned Civil Court has passed an order of status quo over the disputed land to be maintained by the parties, this Commission has no jurisdiction to pass any order overriding the order passed by the competent Court of law. Furthermore, the O.Ps are also not empowered to supply power to the disputed premises violating the order passed by the Civil Court. From the above discussion and in the facts and circumstances of the case, this Commission is of the considered opinion that the case of the complainant merits no consideration and liable to be dismissed as not maintainable.

                                         In the result, the case of the complainant is dismissed against the O.Ps.