SDO, (OP) Sub Division, UHBVNL vs Permanent Lok Adalat & anr.

Petitioner has sought a writ in the nature of certiorari for

quashing order dated 02.01.2017, Annexure P-3 passed by authority below.

It has been urged before the court that before releasing new electric tubewell

connection, it is mandatory that ''No objection certificate'' is given by the co-

sharers, particularly if the jamabandi/girdawari indicates that land is in joint

names.

I have heard learned counsel for the petitioner.

Brief factual background of the case is that respondent no. 2, an

agriculturist by profession, having his land situated at village Ballah Tehsil

Assandh District Karnal, applied for new electricity Tubewell connection

before the petitioner-department. He submitted all the requisite documents

for the same. However, petitioner-department raised an objection that

respondent no. 2 had to obtain ''No objection certificate'' from other co-

sharers of the land as the girdawari or jamabandi indicates that same was a

joint land. Aggrieved, he filed an application under section 22-C before the

Permanent Lok Adalat, Public Utility Services, Karnal. On the basis of

evidence on record, it directed the petitioner-department to release the

tubewell electric connection to respondent no. 2 subject to completing all the

formalities including indemnity bond within a period of one month. Dis-

satisfied with the award passed by the authority below, petitioner has

preferred the instant petition.

It appears that respondent no. 2 is an agriculturist. As he has no

other source to irrigate his land, he applied for electric tubewell connection.

Same was rejected by the petitioner-Nigam on the ground of non-availability

of ''No objection certificate'' from the co-sharers. However, as per

department instructions, clause 1.1.5 of sub-clause (b), if a new tubewell

connection is to be released for a joint land, application form should be

accompanied with ''No objection certificate'' from the co-sharers alongwith

indemnity bond. In the instant case, respondent no. 2 has already furnished

''No objection certificate'' of some of the co-sharers. He is also ready to

furnish the indemnity bond to the department. I find no infirmity with the

order. Petition is without any merit and is, thus, dismissed.