GRAM PANCHAYAT Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) GRAM Panchayat, Bhagrana, by joining some of the residents of the village, has filed present petition under Article 226 of the Constitution of India seeking writ in the nature of mandamus directing the respondents to release 24 hours (3 Phase) power supply in accordance with the Commercial Circular No. 18/97 issued vide memo No. 16940/17690/SSM-416 dated May 30, 1997 (Annexure P-1).

(2.) BRIEF facts, as projected in the writ, on which the relief aforesaid, is sought to rest, reveal that the Punjab State Electricity Board framed a scheme on May 30, 1997 for giving 24 hours power supply to the villages, irrespective of the power supply given to the agricultural section. For the purpose aforesaid, Circular No. 18/97 dated May 30, 1997, Annexure P-1, was issued, which contained a scheme with the revised guidelines/operative instructions for giving urban pattern supply facilities to the villagers vide RE Circular No. 5/96 dated December 13, 1996. The petitioner-Gram Panchayat deposited a sum of Rs. 20,000/- on June 23, 1997 in the office of Sub Divisional Officer, Badli-third respondent herein for 24 hours (3 Phase) power supply. Another Gram Panchayat, namely, Gram Panchayat, Khera, applied for 24 hours power supply later than petitioner-Gram Panchayat on June 27, 1997. The village Khera, which applied later than petitioner No. 1, was given 24 hours power supply two years earlier. It is the case of petitioners that they have been deliberately discriminated out of ulterior motive and mala-fide intentions. Before coming to this Court by way of present petition, petitioners made representation dated June 7, 2001 to the Executive Engineer, Punjab State Electricity Board, Sirhind, second respondent herein, which was of no avail. When second representation made by them on June 8, 2001 also proved abortive, present petition was filed on September 12, 2001.

(3.) PURSUANT to notice issued by this Court, respondents have filed reply and contested the cause of petitioners. It appears from records of the case that when the matter came up for hearing before the Hon'ble Bench, then seized of the matter, on May 8, 2002, arguments were heard at some length and a competent officer of the respondent-Board was asked to file an affidavit, wherein particulars of the applications received after the petitioner's application for supply of electricity on 3 Phase line, were ordered to be given. Order dated May 8, 2002 reds thus :-