GH AHMED Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) IN this writ petition the petitioners allegations are that he has been running a rice husking machine in Maharaj Gunj, Srinagar for the last 30 years, on a piece of land leased out to him by Ram Partap Sabha, Maharaj Gunj. This machine was running on electric energy supplied by the Electrical Department. The electric connection of this mill was out off by the Electric Department on 25 -4 -67. It transpired that the electric connection had been out off under the directions of the Divisional Commissioner Kashmir. The petitioner tried to get a copy of the order of the Divisional Commr. but he was not supplied any. This dis -connection of electric energy has brought his lawful vocation of running rice -husking machine to stand still and deprived him of - his fundamental right of carrying on his business. The respondents had no power to do so and the whole action of the respondents is unconstitutional and illegal.

(2.) TO contest this petition of the petitioner, two affidavits were filed by the respondents, one of Mr. Ghulam Ahmad Ahangar, Chief Engineer, Electric Department and other by respondent No. 1 Mr. A. Karim, Divisional Commissioner. The Chief Electrical Engineer in his affidavit states that from the records it transpires that the rice husking machine is there for the last 2Â 1/2 years and the petitioner had got electric energy from 10th Jan. 1961 for this machine. The Electric connection of the machine was cut off on 4 -5 -1967 and not on 25 -4 -1967 as alleged by the petitioner. The incessant noise created by the running of the machine and the wafting of the dust from the winnowing drum caused inconvenience to the residents of the locality and the devotees of the Ram Partap temple. Under the directions of the Divisional Commissioner the electric connection was disconnected. The petitioner had entered into an agreement with the Municipally on 17 -1 -1967 and according to its terms, the petitioner had to arrange another place for the said machine and erect a wall but he had failed to do either. No fundamental right of the petitioner was affected. It was at best a breach of a contractual obligation and no writ lies. The licence for the mill had not been cancelled by the Director, Food and Supplies,

(3.) MR . A. Karim in his affidavit states that the petitioner was running an unlicenced rice husking mill.There were report of apprehended disturbance on account of running of this machine, which would create a law and order situation. Therefore this respondent on the report of the Health Officer requested the Electric Department to disconnect the electric energy to the said machine. A copy of the report from the Health Officer has also been kept on the file wherein he states that the running of the machine is detrimental to the health of the inhabitants of the locality.