LAWS(P&H)-2009-11-11

KABUL SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

Decided On November 17, 2009
KABUL SINGH Appellant
V/S
PUNJAB STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Petitioner seek a writ in the nature of mandamus praying that respondent- Punjab State Electricity Board be directed to install, the tube-well connections in the specified khasra numbers which are in possession of the petitioner.

(2.) Case of the petitioner is that he along with respondent No. 4 and other co-sharers, is owner of 128 Kanals 12 Marias of land. Tube-wells of the petitioner and respondent No. 4 are existing in their separate portions of the land and those are being run on diesel. Petitioner had applied for electricity connection of tube-well. When his turn matured, he received a notice requiring that he should deposit the necessary no objection certificate from other co-sharers. At that time, his cosharer Jatinder Kaur approached the civil court and sought ad-interim- injunction against petitioner and the Electricity Board that tube-well connections cannot be installed in favour of the petitioner in the khasra numbers where petitioner has sought the electricity connections. Respondent No. 4 is wife of Mohan Singh, who is brother of petitioner's father.

(3.) Counsel for the petitioner state that prayer for ad interim injunction was finally determined by the civil Court and stay sought by respondent No. 4 was declined and the civil court has observed as under: