IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 15635 of 2003 Date of Decision: 06-02-2004 -------------------------------------------------------- KALAJI LAXMANBHAI THAKORE Versus AHMEDABAD ELECTRICITY COMPANY LIMITED (for full cause title, see next sheet) -------------------------------------------------------------- Coram: The Hon'ble Mr. Justice Bhawani Singh, Chief Justice The Hon'ble Mr. Justice H.K. Rathod, Judge Whether approved for re For the petitioner Mr.Rajesh K.Savjani For the respondents Mr.K.B.Pujara Ms.Maya S.Desai Mr.R.C.Kodekar, AGP ------------------------------------------------------------- PER: BHAWANI SINGH, CHIEF JUSTICE (ORAL):- 1. Rule. Learned counsels Shri K.B.Pujara, Ms.Maya S.Desai, and Shri R.C.Kodekar, learned Assistant Government Pleader, appearing for the respondent nos. 1, 2 and 3 respectively, waive service of notice. --------------------------------------------------------- Whether reporters of Local Papers may be allowed to see the judgment? JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ 2. Shri Kalaji Laxmanji Thakore (petitioner) is residing at 378, Chana Vada No Vas, Gota Gam, Ahmedabad-392481. His grievance is that none of the respondents are supplying electricity to his house, therefore, he and his family members are facing hard life. Therefore, the inaction on the part of the respondents amounts to violation of Articles 14/21 of the Constitution of India. 3. Learned counsel for the Gujarat Electricity Board states that it is prepared to supply the electricity, but the point from which it is to be carried to the house of the petitioner may involve expenditure of huge amount payable by the petitioner, which may not be possible for the petitioner to pay. Therefore, it has no objection, in case the Ahmedabad Electricity Company Limited supplies electricity to the petitioner. However, the question is whether permission of State Government for the purpose would be necessary or not. Giving consideration to this aspect of the matter, we find that such a permission is not envisaged in the Electricity Act, 2003. Therefore, it is not necessary to obtain permission of the State Government. Learned counsel for the Gujarat Electricity Board contends that the matter can be examined and decided by the Gujarat State Electricity Regulatory Commission, instead of this Court dealing with it. We are not impressed by this suggestion. The petitioner has filed this petition under Article 226 of the Constitution. Seeking relief under the Electricity Act, 2003 would not oust the jurisdiction of this Court vested under Article 226 of the Constitution. Moreover, the remedy under Act does not seem to be efficacious. Therefore, the contention is rejected. 4. Accordingly, this petition is allowed. In view of no objection from the Gujarat Electricity Board, Ahmedabad Electricity Company Limited will supply electricity to the petitioner. We are told that there are many similar cases in the villages involving poor persons for whom it is difficult to come to this Court as heavy expenses are involved. With this background, we direct that the respondent Ahmedabad Electricity Company Limited and the Gujarat Electricity Board will deal with such cases in terms of this order. Rule is made absolute accordingly, Direct service of this order is permitted. (BHAWANI SINGH) CHIEF JUSTICE (H.K. RATHOD) JUDGE [sndevu] ps