M/S Hind Agro Foods Barnai Jammu Th Mohini Gupta v. U T of J and K Th Commissioner Secretary Pdd and Others

ORDER

26.12.2023

¶01The petitioner through the medium of instant petition filed under Article 226 of the Constitution of India, seeks a direction to respondent no. 5, the Assistant Executive Engineer, Electric Sub-Division Canal, Jammu to process the case of the petitioner and issue the enhanced electric connection of 25 KW in his favour under rules.

¶02Learned counsel for the petitioner submits that the petitioner is dealing with warehousing and cold storage of pulses, sugar and other allied materials and for the purpose of warehousing and cold storage, an Electric connection of 2 Kilo Watt (KW) was sanctioned in favour of the petitioner and with the passage of time the same has been increased to 6KW.

¶03It is also stated that requirement for the purpose of effective running of the petitioner-concern is 25 KW and for this, the petitioner has been making repeated and effective requests with the respondent authority and in particular, the respondent no. 5, the Assistant Executive Engineer, Electric Sub Division Canal, Sr.No. 3 2 | P a g e WP(C) No. 3207/2023

Jammu. He further submits that nothing has been done by the respondents till date, despite of receiving the formal request with respect to the same.

¶04Learned counsel for the petitioner submits that respondent no. 5, however, has deliberately and arbitrarily chosen not to process the case of the petitioner and issue the enhanced electric connection in favour of the petitioner in sheer detriment to the interest of the petitioner. He further submits that the arbitrary and illegal action of not issuing the enhanced electric connection is causing great and irreparable loss to the petitioner in its effective working.

¶05Learned counsel for the petitioner submits that the delay in issuing the enhanced electric connection is also illegal for the reason that the same has deprived the petitioner from conducting the lawful business for no lawful reason whatsoever.

¶06Learned counsel for the petitioner submits that he would be satisfied that in case, the instant writ petition is disposed of, at this stage, by directing the respondents to treat the instant writ petition as representation and to accord consideration to the same within some timeframe. Learned counsel for the respondents is not averse to the said proposition in case, the same is directed to be decided strictly under rules and as per law.

¶07Issue notice to the respondents, which is waived by Mr. Amit Gupta, AAG.

¶08With the consent of learned counsel for the parties and also keeping in view the facts and circumstances of the case, the instant petition is disposed of at this stage with a direction to the respondents nos. 4 and 5 to treat the instant writ petition as representation and to accord consideration to the same strictly under 3 | P a g e WP(C) No. 3207/2023

rules and as per law within a period of six weeks from the date copy of writ petition along with annexes are made available to the respondents.

¶09The writ petition is disposed of in the manner indicated above along with all connected application(s).

(WASIM SADIQ NARGAL) JUDGE

Jammu:

26.12.2023 Mihul

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3207/2023 Har M/s Hind Agro Foods ….Petitioner(s)/Appellant(s) Through :- Mr. Ayushman Kotwal, Advocate. V/s U.T. of J&K and Ors. ….Respondent(s) Through :- Mr. Amit Gupta, AAG. Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE