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SCA/3364/2000 7/ 9 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3364 of 2000
For
Approval and Signature:
HONOURABLE
MR.JUSTICE K.A.PUJ
Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
YES
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
MAGANBHAI
UKABHAI CHAVDA & 7 - Petitioners
Versus
STATE
OF GUJARAT & 4 - Respondents
======================================
Appearance
:
MR NILESH A PANDYA for
Petitioners.
MR SP HASURKAR for Respondent(s) : 2,
MR DIPEN
DESAI, AGP for Respondent Nos. 3-4.
DELETED for Respondent(s) :
5,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 10/09/2008
ORAL JUDGMENT
The
petitioners have filed this petition under Article 226 of the
Constitution of India praying for the direction to the respondent
Nos.1 & 2 to provide electric connection to the petitioners in
their agricultural field situated in village Bharad, Tal.
Dhangadhra, Dist. Surendranagar, as per their respective
application.
Originally,
there were five petitioners. Thereafter, Civil Application No. 3117
of 2000 was moved by one Mr. Harijan Pitambar Ganesh for joining
party as petitioner in the present petition. The said Civil
Application was granted by this Court on 26.07.2000 and the said
applicant was joined as petitioner No.6 in the above petition.
This
Court has passed detailed order on 19.09.2000 narrating the entire
facts and issuing certain directions to the Gujarat Electricity
Board. The said interim order reads as under :-
2. In this petition under Article 226 of the Constitution, the petitioners have prayed for directions to the Gujarat Electricity Board and the Executive Engineer of the said Board at Dhangadhra to release electricity connection to the petitioners for their agricultural fields situate in village Bharad, Tal. Dhangadhra, Dist. Surendranagar under the scheme of reserving7.5% electricity connections in favour of the persons belonging to Scheduled Castes.
3. The petitioners’ case is that they had applied for electric connection in 1999, but for want of electricity, the petitioners are not able to carry on their agricultural operations effectively. It is further submitted that similar applications were made by other persons belonging to Scheduled Castes in 1993 and 1994, but the electric connections were not released in their favour and, therefore, they had filed Special Civil Application No. 5198/96 wherein several grievances were made regarding indignities and the hardships which the members of harijan community were being made to suffer. This Court gave directions with respect to several issues such as supply of drinking water, providing employment, providing permanent means of livelihood, grievance about social boycott and also about release of electricity connections by the Gujarat Electricity Board. As far as electricity connection is concerned, the following direction was given :-
Having regard to the peculiar facts and circumstances of the present case which do not merely involve the question of supply of electricity as an amenity or even as a facility for enjoying one’s means of livelihood but the social fabric of the village is at stake in view of the rivalry between the two groups in the village on account of long pending dispute between the parties belonging to two communities, it appears to us to be just and proper to direct the Gujarat Electricity Board through its Executive Engineer, Dhangadhra to release electric connections for irrigation facilities to the applicants belonging to Harijan community from village Bharad who had applied in 1993 or 1994, on their producing caste certificate in support of their respective applications. The Executive Engineer, Dhangadhra, shall release electric connection in favour of the applicants who had submitted their respective applications in 1993 and 1994 within one week from the date of receiving the caste certificate and the concerned applicant/s complying with the formalities like payment of charges for such electric connection, to the Gujarat Electricity Board.”
4. The learned counsel for the petitioners states that pursuant to the aforesaid direction, the Gujarat Electricity Board has already released electric connections in favour of the persons belonging to harijan community who had applied in the year 1993-94 on their producing caste certificate in support of their respective applications.
The learned counsel for the petitioners states that the agricultural fields of the petitioners, five in number, are very near the agricultural fields of the harijans who are already supplied electric connection under the aforesaid order dated 22.1.1998 of this Court in Special Civil Application No.5198/96.
5. It is thus clear that the Gujarat Electricity had already installed the electricity poles at village Bharad for supplying the electric connection to some of the farmers belonging to harijan community. No affidavit in reply is filed in the present petition. However, a reference is required to be made to the affidavit in reply dated 15.1.1998 filed by J.S. Shah, Executive Engineer (REC), Gujarat Electricity Board at Dhangadhra in Special Civil Application No.5198/96 pointing out that they have been dealing with the applications for supply of electricity connection. It is an admitted position that there is a scheme for giving priority to the members of the Scheduled Caste to the extent of 7.5% of the electricity connection being released. Hence, in the instant case also similar directions are required to be given more particularly when the electricity poles are already installed for supplying electricity to the persons who had applied for electricity connections under the reserved category in the year 1993-94.
6. The respondents are accordingly directed to consider the petitioners’ case in light of the aforesaid scheme for giving priority to the members of the Scheduled Castes to the extent of 7.5% of the electricity connections being released, upon production of the certificates that the concerned petitioners belong to the Scheduled Castes and in accordance with their turn in the seniority list of Scheduled Caste candidates. This direction shall be complied with as expeditiously as possible and preferably within one month from the date of receipt of the writ of this Court or a certified copy of this order, whichever is earlier. A copy of this order shall be made available to Mr. Hasurkar for the GEB.
After
issuing the aforesaid directions, the matter was kept on 19.10.2000.
Pursuant to the order passed by this Court on 19.09.2000, an
affidavit is filed by one Mr. Jaswant C. Doshi, Executive Engineer,
GEB, Surendranagar Circle, Dhangadhra Division on 12.10.2000. It is
stated in the said affidavit that GEB has evolved various Schemes to
fulfill the constitutional guarantee and one of the Schemes of the
Board is to provide a specific 7.5% reservation to Schedule Caste /
Schedule Tribe persons for giving priorities in agricultural
connection. Separate registers are being maintained so as to see
that no person is suffered. It is further stated in the said
affidavit that the petitioners turn in their regular course has not
ripen and even considering them as a person belonging to SC / ST,
their turn was not ripening. It is further stated in the affidavit
that under the procedure for applying 7.5% SC / ST scheme, the
applicant has to pay Rs.100/- towards registration charge for
availing new agricultural connection and that special application
attaching certificate of the District Social Welfare Officer. They
entered in 7.5% SC / ST scheme in appropriate sub-division and their
inward application are being maintained as per their date of
intimation. The petitioners turn was also indicated in the said
affidavit and their respective numbers are at Sr. Nos. 185, 205,
276, 264 & 214 respectively. Since petitioner No.5 had not
applied for 7.5% scheme, no number was given to him. It is further
stated that on the date of the said affidavit i.e. 12.10.2000, under
7.5% SC / ST quota 139 Nos. were cleared against the registered
application of 283 from 31.08.1994 to 30.05.2000. It is clearly
stated in the said affidavit that as and when their turn comes, they
will be given agricultural connection.
From
the interim order of this Court passed on 19.09.2000 and the
affidavit-in-reply filed on 12.10.2000, it appears that in October
2000, the petitioners’ turn had not ripen and hence, they could not
be given the electricity connection immediately. Thus, this Court
has issued interim directions which are also to the effect that the
respondents should consider the petitioners’ case in light of the
aforesaid Scheme for giving priority to the members of the ST to the
extent of 75% of the electricity connection being released, upon
production of the certificates that the concerned petitioners
belonging to the SC and in accordance with their turn in the
seniority list of ST candidates. Till October 2000, electric
connections were given to the persons who stood upto Sr. No. 139.
Since the petitioner’s turn in the seniority list was far behind,
they might not have got the electricity connection immediately but
since then 8 years have passed and by this time, all the petitioners
must have got their electricity connections.
In
the above view of the matter, there is all possibility that the
petition may not survive in view of the interim directions given by
the Court and in view of the affidavit-in-reply filed by the
respondent. The petition has, therefore, become infructuous. It is
accordingly disposed of reserving liberty to the petitioners to
approach this Court in case of difficulty.
Subject
to the aforesaid observation, this petition is accordingly disposed
of.
Sd/-
[K.
A. PUJ, J.]
Savariya
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