BABA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition the petitioner seeks writ of mandamus against the respondent for giving water connection. Water connection has been refused by the respondents on the ground that "no objection certificate" of the landlord has not been filed although the petitioner's case is that "no objection certificate" was once given to the petitioner but it was subsequently withdrawn.

(2.) THE only question that requires consideration is as to whether the petitioner can be allowed to have a water connection even without the "no objection certificate" of the landlord. THE petitioner is in occupation of demised premises in his capacity as tenant. THE petitioner cannot be denied the amenity of water connection on behalf of the respondents. Reliance has been placed on rule 9 of the Rajasthan Water Supply Rules. It has not been pointed out under what authority these rules have been issued or whether they have any sanctity of law has not been clarified. We have seen the rules. THE enabling power has no where been mentioned in the rules. Thus these so called rules can have no force of law and as such Rule 9 cannot be pressed in to service by the respondents to refuse to give water connection to the petitioner. THE petitioner being in occupation of the demised premises so, in our opinion, entitled to have a water connection.