PARMINDER SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition under Articles 226/227 of the Constitution of India, prayer made is for quashing the letter dated 29.10.1999, (Annexure P3) whereby respondent No 3 namely, the Deputy Commisioner, Patiala (for short the D.C.. Patiala) has directed respondent No. 4 namely. Punjab State Electricity Board. Patiala (for short the Board) not to issue electric connection to the petitioner.

(2.) The case of the petitioner is that land in possession of the petitioner belonged to Dera Bir Kheri Gujran, Tehsil and District Patiala (for short the Dera) which is being managed by its Mahant. The said Dera is a religious and charitable institution. According to the petitioner, Mahant of the Dera, after obtaining permission from the Appropriate Authority. has given land on lease and Lease Deed dated 2/6/1998 for a period of 99 years has been got registered in favour of the petitioner. Further, according to the petitioner, he applied for electricity connection but his application has been rejected by the Board because of letter dated 29.10.1999 of the D.C., Patiala whereby the Board has been directed not to issue any electricity connection to the residents of the colony being constructed in Dera. Petitioner averred that the act of the D.C., Patiala directing the Board not to issue electricity connection and the action of the Board in denying electricity connection to the petitioner is clearly arbitrary. According to the petitioner, the D.C., Patiala has no authority to regulate the supply of electricity.

(3.) Upon notice of the writ petition, respondent No. 4 as also respondent Nos. 1 to 3 have filed written statements. In the written statement filed by Shri S.S. Bassi, Additional Superintending Engineer Operations, West Division on behalf of the Board, it has been conceded that for the grant of electricity connection, the Board is only to see that the formalities in accordance with Regulation No. 3.8 of the Sales Regulation framed under Section 49 and Sub-section 79 of the Electricity Supply Act, 1948 (for short the Act) are complete. It has also been conceded that the electricity connection is not being given to the petitioner and 7 other applicants because of letter dated 28.10.1999 of the D.C., Patiala in which it was stated that land of the Dera is being wrongly used for setting up colony and as such no electricity connection should be released. The Board has also stated that the load required by the petitioner was not assessed because the application filed by the petitioner was not proper. In the written statement filed by Shri Jasbir Singh Bir, IAS, D.C., Patiala on behalf of respondent Nos. 1 to 3, it has been stated that lease by Mahant in favour of petitioner for 99 years, only for a sum of Rs. 10,000/- is not justified. According to him, land of the Dera abutting the city is agricultural but Mahant of the Dera is alienating it for the purpose of converting the same into a residential colony. It is averred that the land is not owned by Mahant but by Dera. The Mahant is only entitled to use the produce of the land for his personal necessity and for looking after Faqirs who visit the Dera. The D.C., Patiala has further alleged that there is no Langar run by the Mahant for the Sadhus and the travellers and the land leased out is worth crores of rupees and the amount realised has been invested in the construction of 7 palatial houses. It is'stated that since the Mahant has leased out the land of the Dera in the shape of plots, a case has been got registered by Punjab Urban Development Authority vide FIR No. 31 dated 21.11.1999 in Police Station, Civil Lines, Patiala under the Punjab Apartment and Property Reglation Act, 1995.