Aasiya Iqbal Shaikh v. The State Of Maharashtra And ANR.

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No.1318 OF 2016 Aasiya Iqbal Shaikh

...Petitioner

vs.

The State of Maharashtra and another

...Respondents

Mr.H.B.Laxmipalli i/b Ms Ratna R. Jaiswal for the Petitioner Mr.A.I.Patel, Addl.G.P for the respondent No.1 Mr.Satish Kamat for respondent No.2 CORAM : A.S.OKA, & M.S.KARNIK,JJ.

DATE : NOVEMBER 21, 2016 P.C.:

.

Not on board. Taken on board.

Heard the learned counsel for the petitioner, the learned AGP for the first respondent and the learned counsel for the second respondent.

The grievance in this petition under Article 226 of the Constitution of India is that though an application has been made by the petitioner to the second respondent for grant of electricity supply, the second respondent is not providing electricity supply.

The learned counsel for the second respondent has tendered an extract of relevant rules. He submits that if the petitioner produces one of the

following documents namely Ration Card, Photo pass, voter's Card, passport and document showing the occupation of the premises, the application made by the petitioner will be considered on merits.

The learned counsel for the petitioner pointed out that the document of agreement for sale, a copy of which is annexed as Exhibit-B and several other documents such as power of attorney, affidavit/ declaration of his vendor are the documents showing occupation of the petitioner.

In view of the aforesaid statements, the petition need not be kept pending. The learned counsel for the petitioner states that he is not pressing the prayer clause(c). Hence, the writ petition is disposed of by passing the following order:

(I) We direct the second respondent to consider the application made by the petitioner for grant of electricity supply and to decide the same in accordance with law as expeditiously as possible and in any event within a period of one month from today;

(II) While considering the application, the second respondent shall consider the documents produced by the petitioner copies of which are annexed to this petition;

(III) If according to the petitioner, the original indemnity bond is in the custody of the second respondent, it will be open for the

petitioner to apply to the concerned authority of the second respondent for return of the original document;

(IV) Petition is disposed of on above terms;

(V) All concerned to act upon an authenticated copy of this order.

(M.S.KARNIK,J.) (A.S.OKA,J.)