Sadanand Surya Velip And ANR v. State Of Goa Thr. Its Chief Secretary And 6 ORS

2025:BHC-GOA:178-DB Shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 436 OF 2024 SADANAND SURYA VELIP AND ANR.

... PETITIONERS

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND 6 OTHERS. ... RESPONDENTS Ms Annelise Fernandes, Advocate for the Petitioners. Mr. Shubham Priolkar, Additional Government Advocate for Respondent No.4.

Ms Neha Kholkar, Advocate for Respondent Nos.6 and 7. CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 06th February, 2025 ORAL ORDER:(Per M. S. KARNIK, J) 1.

Heard Ms. Annelise Fernandes, learned counsel for the Petitioners, Mr. Shubham Priolkar, learned Additional Government Advocate for Respondent No. 4 and Ms Neha Kholkar, learned counsel for Respondent Nos.6 and 7.

2.

Our attention is invited to the averments made in the petition regarding the allegations pertaining to the theft of electricity by the respondent nos. 6 and 7. It is alleged that no action has been taken against the respondent nos. 6 and 7 despite

bringing this to the notice of the authorities. It is further alleged that electricity which is meant for residential purpose is being utilised for commercial purpose.

3.

Respondent nos. 6 and 7 have filed an affidavit in reply wherein it is stated thus:-

26. With respect to the last allegation by the Petitioner against Respondent No. 6 and 7 in the Petition regarding the theft of electricity and misuse of electricity from agricultural to non agricultural use, Respondent No. 6 states that he along with Respondent No.7 has obtained three electrical connection in property under survey no. 142/2. The following are the details of electricity connection:

a. Connection under CA No. 60008731865, bearing installation number 5000781503 for commercial purpose in the name of Respondent no.6.

b. Connection under CA No. 60003250077, bearing installation number 5000316712 for agricultural purpose in the name of Respondent No.6.

C. Connection under CA No. 60008155198, bearing installation number 5000745639 for

agricultural purpose in the name of Respondent No. 6.

4.

Mr. Priolkar, learned AGA for respondent no. 4 submits that an inspection was conducted where the authorities were satisfied that there was no theft of electricity. So far as the complaints of illegal extraction of Laterite stones is concerned, the director of Directorate of Mines and Geology on 12/12/2024 has made the violators liable to pay Rs. 47,15,700/-(Rupees FortySeven Lakhs Fifteen Thousand Seven Hundred only) towards the illegal extraction of laterite stones. In consequence the suspension order is revoked.

5.

Though we are not inclined to entertain the petition any further, as action is taken, we are inclined to direct the respondent no. 4 to conduct periodical checks to ensure that the electricity is used only for the purpose the meters are installed, particularly in view of the fact that the respondent nos. 6 and 7 have been made liable to pay fine towards the illegal extraction of laterite stones. 6.

It is made clear that we have not made any observations on the merits of the order dated 12/12/2024. It is open for

respondent nos. 6 and 7 to take steps challenging the order dated 12/12/2024, which challenge shall be dealt with on its own merits and in accordance with law.

7.

Petition stands disposed of. No costs.

NIVEDITA P. MEHTA, J. M. S. KARNIK, J. Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 07/02/2025 16:22:24