RITA SAINI Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Miscellaneous applications (IA Nos. 5036 of 2018 and 4881 of 2018) are allowed. Short counter affidavit filed on behalf of respondent nos. 3 to 6 and rejoinder affidavit are taken on record.

(2.) Petitioner was given a temporary electricity connection by the Uttarakhand Power Corporation Ltd. for raising construction on a property which is situated at Kehari Gaon, Arcadia Grant, Prem Nagar, District Dehradun. Thereafter, the electricity was disconnected. This was done as it came to the knowledge of the District Administration and the Uttarakhand Power Corporation Ltd. that the land was purchased by the petitioner from a person belonging to Scheduled Tribe community, whereas the petitioner admittedly does not belong to Scheduled Tribe community and, therefore, it is the violation of the provision contained under Section 157-B of the Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950 and in this event, the land so purchased will be deemed to have been vested in the State Government.

(3.) The situation as of now is that the petitioner has raised the construction on the property. Since the temporary electricity connection of the petitioner was withdrawn, the petitioner filed a writ petition before this Court being WPMS No. 2566 of 2016, which was disposed of by this Court vide order dated 16.09.2016. Against this order, the petitioner preferred a special appeal before a Division Bench of this Court, wherein it has been held by the Division Bench that though the period of temporary connection has already expired but the ground on which the petitioner's temporary electricity connection has been disconnected is not valid and the application of the petitioner for temporary electricity connection be reconsidered. This application, according to the petitioner, has again been rejected by the Power Corporation on a similar ground.