- (1.) By means of this writ petition the petitioner has prayed for following reliefs : "a. issue a writ order or direction in the nature of certiorari quashing the impugned order dated 18.10.2012 passed by the respondent no. 2 (Annexure No.9) to the writ petition. b. issue a writ order or direction in the nature of mandamus directing the respondent Corporation to provide the electricity connection to the petitioner to run the private Pump set of 7.5 H.P. + 120 Wat within a specific period, so that justice may be done. c. issue any suitable order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case, so that justice may be done. d. award the cost of the writ petition." Facts of the Case
(2.) Briefly stated the facts giving rise to the present petition are that the petitioner is an agriculturist having 8 Bigha agricultural land in the village Jafarpur Malawan, Pargana Karkari, Tehsil Manjhanpur, district Kaushambi. With a view to improve his agricultural land, the petitioner got constructed a bore well and to install a private pumping set of 7.5 H.P. he applied to Purvanchal Vidyut Vitran Nigam Ltd., Kaushambi for electricity connection under General / Normal Scheme annexing therewith a boring certificate issued by Assistant Engineer ( Minor Irrigation), Kaushambi dated 25.5.2010 (Annexure No.2). It appears that pursuant to the application of the petitioner for electric connection, a report dated 31.1.2011 was submitted by the respondent authorities alongwith a line chart (Annexure No. SCA-1) and estimate of cost of 11 KV line in two parts, namely, transmission and transformation (Annexure No. SCA-2). Thereafter the Executive Engineer granted the approval and issued an order dated 19.2.2011 (Annexure No. SCA-3) for electric connection which was followed by the Line Order/ Work Order dated 20.6.2011 ( Annexure No. SCA-4).
(3.) Despite deposit of a sum of Rs.14,175/- by the petitioner on 21.2.2011 pursuant to the order of the respondent no. 2 dated 19.2.2011 and issuance of Line Order/ Work Order dated 20.6.2011 (Annexure No. SCA-4), the electric connection was not given to the petitioner and as such the petitioner filed a Writ Petition No. 9993 of 2012 which was disposed of vide order dated 24.2.2012 (Annexure No. 6) observing that representation of the petitioner be decided within six weeks from the date a certified copy of the order is produced before the respondent no. 2. It appears that the petitioner has filed a certified copy of the aforesaid order of this court dated 24.2.2012 vide letter dated 2.3.2012 ( Annexure No.7) before the respondent no.2. The petitioner also moved a Contempt Application ( Civil) No.1860 of 2012 which was rejected by this Court on 27.2.2013 by the following order : - "This contempt petition has been filed with the allegation that despite an order dated 24.2.2012 passed in Writ Petition No. 9993 of 2012, the opposite parties have not taken a decision. The issue between the parties was with regard to grant of electricity connection and the writ Court directed the opposite parties to consider his representation. In pursuance thereof, the order has been passed on 18.10.2012 stating that the applicant has not performed his part of the obligation under the scheme and, therefore, the line cannot be energized and accordingly his representation has been decided. Learned counsel for the applicant contends that erection of the transmission line is obligation of the opposite party but this fact is contested on the ground that under the scheme in which the applicant has applied the liability is of the consumer. This is a question of fact which needs adjudication and this exercise cannot be undertaken in contempt jurisdiction and the applicant can approach before appropriate forum. However, since there is substantial compliance of the writ order, notices are discharged. Contempt petition is rejected and consigned to record. ";