KISHAN LAL Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) ORDER :- The petitioner applied for electric connection on priority basis on the ground that he was a small/marginal farmer. The petitioner filed a certificate issued by a Patwari, Block Development Officer and Tehsildar, Tehsil Amer, District Jaipur, certifying that he was a small/marginal farmer as he was in possession of 4 Bighas 6 Biswas of land. The Assistant Engineer (REC) R.S.E.B., Chomu (Jaipur) rejected the application of the petitioner on the ground that he had purchased land Khasra No. 1055 measuring 8 Bighas 11 Biswas in the joint name of petitioner and his brother Kalu Ram. The Assistant Engineer took the view that the land in the joint Khata of petitioner and his brother Kalu Ram was more than 8 Bighas and as such the petitioner does not fall under the purview of small/marginal farmer. The petitioner aggrieved against the aforesaid order of the Assistant Engineer has filed this writ petition.

(2.) The only point to be considered in this case is whether the entire land held jointly by the petitioner and his brother should be taken into consideration or only half of the share of the petitioner for deciding the question whether the petitioner is a small/marginal farmer or not. Learned counsel for RSEB was unable to show any rule or order issued by the RSEB in this regard as to how much land would be considered for the purpose of small/marginal farmer and how the question would be decided in a case where the land is held jointly by the persons. It is not in dispute that the Tehsildar has certified vide Annexure 1 that the petitioner was a small/marginal farmer. It is also not the case of the Board that the petitioner is owning or is in possession of any other land except the land Khasra No. 1055 in which he has half share. In my view in order to determine the question as to who is a small/marginal farmer for the purpose of giving priority for electric connection, a share held by a co-tenant can only be taken into consideration. It is not necessary that such farmer should actually make any partition of such land. The purpose of granting priority in electric connection is based on the ground that a farmer is a small/marginal farmer and on that account he should be given a preference in comparison to farmers having large chunck of land. The petitioner, in the present case, is only entitled to half share in the land, if he claims partition in the land. Even in a case under the Rajasthan Scheduled Debtors (Moratorium on Debts) Act, 1976 (hereinafter referred to as 'the Act') in Cl. (n) of Sec. 2 it has been provided that :

(3.) This writ petition is accordingly allowed and the respondents are directed to give the electric connection to the petitioner on priority basis in a similar way as granted to other farmers on priority basis. Petition allowed.