WPMS/1091/2021
2021 Latest Caselaw 2014 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
              ON THE 23rd DAY OF JUNE, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           Writ Petition (M/S) No.1091 of 2021

BETWEEN:
  Rizwan                                               .....Petitioner
       (By Mr. Pankaj Kumar Sharma, Advocate)



AND:

     State of Uttarakhand & Ors.                  .....Respondents

       (By Mr. V.D. Bisen, Brief Holder for the State of Uttarakhand and
       Mr. Dharmendra Barthwal, Advocate for Uttarakhand Power
       Corporation Limited/respondent nos.2 and 3)



                           JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. According to the petitioner, electricity connection to his tube-well was damaged, therefore he had applied for reconnection; however, due to objection raised by one Rao Gaffar, electricity connection of petitioner's tube-well is not being restored.

3. By means of this writ petition, petitioner has sought the following reliefs:-

"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the

respondents Power Corporation to forthwith install the electricity connection for Tubewell of petitioner at Khasra no.606 Village Paniyala Chandapur Paragna and Tehsil Roorkee District Haridwar."

4. Learned counsel for the petitioner has drawn attention of this Court to a document contained as Annexure-3 to the writ petition, which is a letter issued by Executive Engineer, Electricity Distribution Division, Ramnagar, Roorkee to the Joint Magistrate, Roorkee. By the said letter, Joint Magistrate was requested to provide administrative help so that the chak road can be demarcated and electricity supply to petitioner's tube-well could be restored by erecting electricity poles on the site of the chak road.

5. Shri Dharmendra Barthwal, learned counsel appearing for Uttarakhand Power Corporation Limited submits that the Joint Magistrate has not taken any steps for demarcation of chak road, therefore, electricity supply to petitioner's tube-well could not be restored.

6. Having regard to the facts and circumstances of the case, writ petition is disposed of with a direction to the Joint Magistrate, Roorkee to take necessary steps in terms of the letter dated 28.09.2018 issued by the Executive Engineer, Electricity Distribution Division, Ramnagar, Roorkee, as early as possible, but not later than six

weeks from the date of production of a certified copy of this order.

7. Pending applications, if any, also stand disposed of accordingly.

(MANOJ KUMAR TIWARI, J.) Rajni