1 S.B. CIVIL WRIT PETITION NO.7829/2007 (Gyana Ram Vs. State & Ors.) Date of order :: 07.03.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. G.R. Punia, for the petitioner. Mr. Kuldeep Mathur, for respondents Nos. 2 to 4. Heard learned counsel for the parties. In this case, the notice dated 27.9.2005 (Annexure-1) was given to the petitioner whereby he was informed that after final installation of tube well and verification by Patwari of the concerned Village along with documentry evidence, an information may be submitted within a period of thirty days for the purpose of electricity connection under the special Scheme for Agriculture Category but the same was furnished by the petitioner on 7.11.2005 after expiry of 30 days due to reason that he received notice Annexure-1 on 14.10.2005, which is apparent from the postal stamps affixed upon Annexure-1 itself. It is contended by the learned counsel for the petitioner that notice dated 27.9.2005 was received by the petitioner on 14.10.2005 thereafter within thirty days from the receipt, he furnished all information after installation of tube well with 2 verification to the respondent Vidhyut Vitran Nigam Limited but Nigam is not releasing his electricity connection for which the petitioner is legally entitled under Special Scheme of Agriculture Category, therefore, after sending the notice for demand of justice for redressal of grievance for providing electricity connection, the petitioner has preferred this writ petition in the year 2007. According to the petitioner, he has made all his efforts to get electricity connection under the scheme but still it is not provided to the petitioner by the respondents, therefore, he is seeking direction from this Court to the respondents to release the electricity connection as applied by him under the Scheme. Per contra, the respondents while inviting attention of this Court towards Annexure-R/1, dated 31.10.2005 issued by Chief Secretary Jodhpur Vitran Nigam Ltd., Jodhpur, contended that after reviewing the Scheme, it was decided not to issue any further demand notice to release the electricity connections under the scheme to the agriculturists upon their application and complete ban was imposed on release of electricity connection under the Scheme. The said decision was taken on 31.10.2005 and admittedly, the petitioner furnished his all information on 7.11.2005 before expiry of 30 days from the date of issuance of 3 Annexure-1 dated 27.9.2005. According to the respondents, due to ban imposed for releasing electricity connection under the Scheme, the petitioner is not entitled to seek direction from this Court for releasing electricity connection in the said scheme. I have considered rival submissions of the parties and perused the entire record. Upon perusal of notice Annexure-1 dated 29.9.2005, which is admitted by the respondents that for releasing the electricity connection to the petitioner in the Special Agricultural Electricity Scheme, the petitioner's application was considered and he was directed to furnish certain information for installation of tube well within thirty days but required informations were submitted by him on 7.11.2005. It is apparent from Annexure-1 that the said notice dated 27.9.2005 was received by the petitioner on 14.10.2005 as per seal of Post Office and after receiving the said notice he managed funds for installation of tube well and after installation of tube well and verification by Patwari, he furnished all information as required under Annexure-1 dated 27.9.2005 to the respondents on 7.11.2005, of course this date is beyond the date of taking decision not to release electricity connection further in the said 4 scheme. At the same time, it is apparent from perusal of Annexure-1 dated 27.9.2005 that the said notice was received by the petitioner on 14.10.2005 and within thirty days from 14.10.2005 he has furnished all information to the respondents. Thus, it will be very harsh to deny the electricity connection to the petitioner on hyper technical ground and for the simple reason that the petitioner furnished information on 7.11.2005 to the respondents within thirty days from the date of receipt which is 14.10.2005. Therefore, while holding that ban imposed vide Annexure R/1 dated 31.10.2005 is not applicable in the facts of this case, I deem it just and proper to direct the respondents to release the electricity connection to the petitioner within a period of thirty days from the date of receipt of copy of this order, while ignoring the ban imposed by the respondents on subsequent date. Accordingly, the writ petition is allowed. (GOPAL KRISHAN VYAS), J. Arun/-