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Amrendra Singh vs Executive Engineer, Electricity Distribution Division, Uttarakhand Power Corporation Ltd.

Uttarakhand High Court · Decided on 3 May 2010 · Citation: (2010) 05 UK CK 0038

HON’BLE JUDGES
Brahma Singh Verma, J

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Judgment

13 paragraphs · 475 words

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

2.

Objections against impleadment application filed by the petitioner be taken on record.

3.

By means of this writ petition, the petitioner has sought following reliefs:

(a) Issue a writ, rule order or direction in the nature of mandamus directing the respondent to enter the name of the petitioner in place of Sri Sukhdev Singh in the records of the Private Tube Well electric connection No. B-142/001920 and further to issue electric bills in the name of the petitioner.

(b) Issue any other order or direction, which this Hon''ble Court may deem fit and proper under the circumstances of the case.

(c) Award the cost of the petition in favour of the petitioner.

4.

Brief facts giving rise to the present writ petition are that according to the petitioner the land was purchased from Sri Amarjeet Singh who had purchased this land from Sri Sukhdev Singh. The sale deed of which has been annexed as annexure Nos. 1 and 2 to the writ petition, he had applied for transfer of tube well connection No. 142/001920, which is in the name of Sri Sukhdev Singh and for this purposes he has completed all the formalities.

5.

Learned Counsel appearing for the respondent i.e. Uttarakhand Power Corporation stated in its counter affidavit that on relying the statement made by the petitioner that the plot that he had purchased the land wherein there was a tube well connection, directed the petitioner to do the necessary formalities in this respect but later on it was found that there is no electric connection over the said plot, which can be transferred in the name of the petitioner as such the necessary order in that regard could not be passed. It has also been stated that if the petitioner applies for a new connection, the same may be granted to him in accordance with law and security deposited by him shall be adjusted accordingly.

6.

According to the respondent, the old connection does not exist in the plot, which has been purchased by the petitioner.

7.

In view of the above fact no direction can be given to transfer the old connection in the name of the petitioner by this Court.

8.

However it is provided that if the petitioner applies for a new connection, the same may given to the petitioner by the respondent authority, preferably within a period of three months from the date of production of application in accordance with law. The amount of security, which was deposited along with the transfer application, shall be adjusted. The petitioner is also directed to complete all the forma lities, which is required for a new connection.

9.

With the said direction and observation, the writ petition is disposed of accordingly.

10.

All pending applications stand disposed of accordingly.