JANARDAN PD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER In this writ application the petitioner has orayed for issuance of an appropriate writ commanding upon the respondents -State of Bihar to pass an order directing the respondent -Tata Iron & Steel Com. Ltd. (Tisco for short) to supply commercial electric energy in the premises of the petitioner and for a further direction for quashing the orders dated 25.10.97 and 14.1.98 issued by respondents 7 and 8, the Director and the General Manager, Tisco, Jamshedpur whereby they have rejected the request of the petitioner to supply commercial electric energy in the portion of the premises of the petitioner.

(2.) PETITIONERS ' case is that respondent no. 6, the Tisco has been granted licence by the State of Bihar for supply of energy in the specified area in Jamshedpur under section 3 of the Indian Electricity Act. The petitioner is a handicapped person as he has completely lost his sight of one of his eyes and one of the legs is amputated. It is stated that a piece of land situated in contractor 's area near Ramdas Bhatta was leased out by Tisco to one Gourishanker Permanand through a registered deed of lease dated 17.3.1922. In terms of the lease the lessee was allowed to run office, workshop and residential houses on the land. Accordingly, the lessee constructed house, office etc. on the land. The petitioner is one of the sons of late Permanand Sharma. In a partition between his brothers and sisters the petitioner got 4,963 sq. feet and a share in common residential house. Petitioner 's further case is that after demolishing the old' structure he got a multi storeyed apartment constructed known as Janki Apartment. The plan of the same was duly approved by the Jamshedpur Notified Area Committee and the Tisco. The petitioner allotted certain flats to different persons and retained two flats for himself and three units of basement and half of the parking area. It is stated that respondents 6 to 8 gave domestic electric line to Janki Apartment Owners ' Association. The petitioner who is handicapped, runs a STD booth and a Xerox Kiosk office in the portion under his occupation. Since the petitioner carries on commercial activities in his portion of the apartment, he was not allowed to use the residential connection for commercial purposes. The petitioner then applied for commercial connection in his premises in which he is doing commercial activities. In spite of complying all the requirements respondents 6 to 8 refused to supply electric connection in said premises of the petitioner. Then the petitioner approached the Govt. through the Deputy Commissioner, Singhbhum to prevail upon respondents 6 to 8 to give him the electric connection to his said premises. The Deputy Commissioner, by letter dt. 11.11.97 directed the respondents 6 to 8 to look into the matter and take action but nothing was done. However, the petitioner got the impugned letter from respondent no. 6 by which the request of the petitioner for supply of commercial electric connection in his flat was rejected on the ground that commercial connection shall be given only when the entire building is converted into a building for commercial purposes.

(3.) I have heard Mr. S. K. Dwivedi, learned counsel for the petitioner and Mr. M. M. Banerjee, counsel for the Tisco. I have also heard Mrs. Ritu Kumar, JC to learned Govt. Advocate.