- (1.) The petitioner has challenged the validity of the order dated July 1988 passed by the Sub-Divisional Officer, Sub-Urban, Sub-Division, Punjab State Electricity Board, Maur (respondent No. 2), whereby the petitioner's applications for single pole connection were transferred to general lines and were kept pending. The facts :-
(2.) The petitioner applied for 5 Horse Power and 3 Horse Power Single pole connections to respondent No. 1 on June 17, 1986. These applications were registered as No. 1221/AP and 1222/AP respectively. These applications were for the supply of electricity connections for agricultural purpose. He also deposited the requisite security of Rs. 300/- and Rs. 270/- respectively on June, 17, 1986 itself. On November 27, 1986, the petitioner received demand notices for depositing Rs. 2,000/- for each application for service connection. Additional security of Rs. 300/- was also demanded by the Board for each application. The petitioner duly deposited the amounts. On June 23, 1987, the petitioner received notices calling upon him to deposit Rs. 5000/- as special deposit for release of electric connection for each application. This order was challenged in CWP No. 4111 of 1987 in this Court. Respondent No. 2 was directed to file an additional affidavit. Para Nos. 1 and 2 of the affidavit sworn by Shri Hari Om, Sub-Divisional Officer, Electricity, Punjab State Electricity Board, Maur Mandi read as under :- "1. That under the single pole priority scheme the petitioner was asked to make special deposit of Rs. 5000/- per tubewell. The petitioner submitted the test reports for his connection on 8.5.87 and 26.5.87. All other electric connections released under this priority category in the Sub-Division have registered their test reports much earlier to the petitioner. 2. No there are few connections including that the petitioner to be released by the E.R. Sub-Division in the general category and the same will be released without insisting upon payment of additional amount of Rs. 5000/- for each connection." The writ petition was dismissed on November 17, 1987 in view of the additional affidavit filed by Shri Hari Om, Sub Divisional Officer (Electricity), Punjab State Electricity Board, Maur. the impugned letter was issued on July 1, 1987. It is unfortunate that respondent No. 2 issued the impugned letter without understanding the implication of the earlier affidavit filed by Shri Hari Om, Sub Divisional Officer (Electricity), Punjab State Electricity Board, Maur. In the affidavit, specific stand has been taken that the petitioner will be released the electric stand has been taken out insiting upon payment of additional amount of Rs. 5000/- for each connection Vide the impugned letter the applications of the petitioner for electric connections were transferred to general lines for non-deposit of the amount asked for through supplementary demand notices.
(3.) Action of respondent No. 2 is absolutely contrary to his earlier affidavit (copy Annexure P-5) to the writ petition. The same cannot be sustained and is thus quashed. The respondents are directed to release the electric connections under the priority category within one month from the receipt of a copy of this judgment.;