Smt. Rita Saini vs State of Uttarakhand & others

Sudhanshu Dhulia, J. (Oral)

Miscellaneous applications (IA Nos. 5036 of 2018 and 4881 of 2018) are allowed. Short counter affidavit filed on behalf of respondent nos. 3 to 6

and rejoinder affidavit are taken on record.

Petitioner was given a temporary electricity connection by the Uttarakhand Power Corporation Ltd. for raising construction on a property which is

situated at Kehari Gaon, Arcadia Grant, Prem Nagar, District Dehradun. Thereafter, the electricity was disconnected. This was done as it came to

the knowledge of the District Administration and the Uttarakhand Power Corporation Ltd. that the land was purchased by the petitioner from a person

belonging to Scheduled Tribe community, whereas the petitioner admittedly does not belong to Scheduled Tribe community and, therefore, it is the

violation of the provision contained under Section 157-B of the Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950 and in this event, the

land so purchased will be deemed to have been vested in the State Government.

The situation as of now is that the petitioner has raised the construction on the property. Since the temporary electricity connection of the petitioner

was withdrawn, the petitioner filed a writ petition before this Court being WPMS No. 2566 of 2016, which was disposed of by this Court vide order

dated 16.09.2016. Against this order, the petitioner preferred a special appeal before a Division Bench of this Court, wherein it has been held by the

Division Bench that though the period of temporary connection has already expired but the ground on which the petitioner’s temporary electricity

connection has been disconnected is not valid and the application of the petitioner for temporary electricity connection be reconsidered. This

application, according to the petitioner, has again been rejected by the Power Corporation on a similar ground.

Heard learned counsel for the parties.

The admitted position as of now as stated by the learned counsel for the petitioner is that the construction on the property has already been

completed. Petitioner wants now permanent electricity connection in the premises. This being the situation where the petitioner requires a permanent

electricity connection, her application for grant of permanent electricity connection is liable to be considered by the Uttarakhand Power Corporation

Ltd. as per the Electricity Act, 2003 particularly under Section 43 of the said Act read with the Rules and Regulations framed therein.

Let the application of the petitioner be considered by the Uttarakhand Power Corporation Ltd. in accordance with law within a period of two weeks

from the date of production of a certified copy of this order. In case the petitioner is being denied electricity connection, the Uttarakhand Power

Corporation Ltd. shall pass a speaking order assigning reasons therein. It is made clear that since now there is no requirement of a temporary

electricity connection and what is being sought by the petitioner is the permanent electricity connection.

With the above observations, the writ petition stands disposed.