Leave granted.
As we thought that this matter may be given a quietus, we directed the
appellant – Board to find out some alternative plots so that the respondent may start
his business of stone crushing afresh. An allotment was made to the respondent
pursuant to the said order. As a grievance was raised that his application for grant of
electrical connection was not being proceeded with, by an order dated 15.1.2008 this
Court recorded:
“Let the matter appear in April, 2008.
In the meantime, the respondent may take possession of the
plot allotted in this favour and file an application for grant of electrical
connection within four weeks from date.
It is expected that the Power Development Department of the
State of Jammu and Kashmir shall issue necessary orders granting
electrical connection in favour of the respondent in the meantime.”
Despite the said order, no step appears to have been taken by the respondent
to take possession of the alternative plot allotted to him and apply for grant of
electrical connection. We have granted an opportunity to the learned counsel to seek
instructions from the respondent. Learned counsel for the respondent states that no
instruction has been received by her. In this view of the matter, it is not possible for us
to grant any further adjournment as it appears that the respondent is not interested in
the matter.
For the reasons aforementioned, this appeal is allowed and the impugned
judgment is set aside. No costs.
(S.B. SINHA)