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SCA/2055/2008 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2055 of 2008
=========================================================
PRAGJIBHAI
KURJIBHAI KATHIRIYA - Petitioner(s)
Versus
THE
OMBUDSMAN OF ELECTRICITY C/O GUJARAT ELECTRICITY & 3 -
Respondent(s)
=========================================================
Appearance
:
MR
BM VAISHNAV for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 - 4.
MR BD
KARIA for Respondent(s) : 1,
MR GIRISH D BHATT for Respondent(s) :
2 - 3.
RULE NOT RECD BACK for Respondent(s) : 3,
MR JANAK RAVAL
ASST. GOVERNMENT PLEADER for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 04/04/2011
ORAL
ORDER
1.
In present petition the petitioner seeks below mentioned relief/s:
“20.(A)
YOUR LORDSHIPS may be pleased to allow this petition and issue a writ
of mandamus or any other appropriate writ, order or direction for (i)
quashing the circular dated 3.8.2007 of the Gujarat Urja Vikas Nigam
Limited at Annexure ‘C’ qua the prescription of a condition to adopt
the drip irrigation system for getting reconnection after a period of
five years, (ii) quashing the order of the Ombudsmen of Electricity
dated 11.1.2008 at annexure-C qua the imposition of a condition for
applying for the drip irrigation system by the petitioner before the
reconnection is made and (iii) giving the reconnection to the
petitioner on priority basis.
(B)
YOUR LORDSHIPS be pleased to issue any other relief/s as deemed fit
just and proper in the facts and circumstances of this case.”
2.
When the petition is taken up for hearing learned advocate for the
petitioner is not present.
3.
Heard Mr. Bhatt, learned advocate for the respondent No.2 and 3.
4.
Mr. Bhatt, learned advocate for the respondent Nos.2 and 3 has placed
on record a copy of the letter dated 4.10.2008 which is signed by
Executive Engineer (Operations) Pashchim Gujarat Vij Company Limited,
Division No.2, Amreli intimating that in view of certain developments
which took place at the site
during 12.8.2008 and 1.9.2008 and pursuant to another application
dated 16.9.2008 submitted by the petitioner to provide electricity
supply connection in respect of the same survey number however on
another bore-well, the
petitioner has, upon completion of all formalities on 25.9.2008,
granted electricity supply connection i.e. his electricity supply
connection has been restored with effect from 27.9.2008. The said
letter dated 4.10.2008 is taken on record.
5.
As noted above, there is no one present on behalf of the petitioner
either to oppose the stipulation made in the letter dated 4.10.2008
or to claim that electricity supply connection is not restored.
6.
Therefore, in view of the aforesaid letter dated 4.10.2008, it
appears that the petitioner’s request for electricity supply
connection is complied with and purpose of present petition has been
served and that therefore the petition is rendered infructuous in
view of the letter dated 4.10.2008.
7.
With the aforesaid clarification the petition stands disposed of as
having become infructuous.
8.
It is however clarified that since present order is passed in absence
of the learned advocate for the petitioner it would be open to the
petitioner to file appropriate application requesting revival of the
petition in the event the factual aspects are different than what is
stated in the letter dated 4.10.2008.
(K.M.TAHKER,J.)
Suresh*
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