JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against judgment and order, dated 13th August, 2015, made by the Writ Court/learned Single Judge in CWP No. 532 of 2014, titled as Capt. H.C. Chandel s/o Late Anant Ram versus State of H.P. & others, whereby the writ petition filed by the appellant-writ petitioner came to be dismissed (for short “the impugned judgment”). 2. Heard. Perused. 3. It appears that the appellant-writ petitioner has himself drafted the writ petition and must not be knowing the niceties of law. 4. Respondents No. 1 and 2 have filed the reply. It is apt to reproduce paras 3 & 4 of the reply on merits herein: “3&4. That in reply to these paras it is stated that there is no residential house/Farm House of the petition at Jammuki Galani except a temporary shed. The petitioner is residing in village Rauni as per his own statement therefore, the respondent is not bound to provide under the rule any water to a person who does not own residential house at a particular site or does not reside there. In fact, the department has already provided him water connection at Village Rauni where he residing. However, a provision for laying pipe nearby the cow shed of petitioner was provided in the scheme during February, 2008 and the pipes were also laid, yet the villagers of Daruban did not allow connecting the line with the existing water tank and the source by saying that the petitioner does not reside there and raised dispute. It is further stated that various representations/ recommendations has been received from the petitioner through Hon'ble IPH Minister and Gram Panchyat to provide water connection to the petitioner and various efforts were made by the officials of the department to sort out the dispute yet, due to the aforesaid reason the villagers are not allowing to connect the pipe line. It may further be stated that the department has commissioned a lift water supply scheme LWSS Mul Matiyana and a provision to connect the area of Jamuki Galani from this water supply scheme. The copy of site plan of old and new proposed is annexed as Annexure RI/A. The water supply scheme is nearly completion and is likely to be inaugurated in the near future. Therefore, the petitioner shall be provided water facility from this scheme.
The copy of site plan of old and new proposed is annexed as Annexure RI/A. The water supply scheme is nearly completion and is likely to be inaugurated in the near future. Therefore, the petitioner shall be provided water facility from this scheme. However, the water connection shall be released only under the Rules provided he fulfill the criteria and complete the codal formalities but the same shall not in any manner be provided free of costs as claimed by the petitioner provided he apply for the same under rules.” 5. In view of the above, the appellant-writ petitioner has made out a case for grant of writ of mandamus commanding the respondents-authorities to do the needful, though not prayed for. The Writ Court can grant appropriate relief. 6. Accordingly, the respondents-authorities are directed to do the needful within four weeks. 7. Having said so, the impugned judgment is modified, as indicated hereinabove, and the appeal is disposed of. Pending applications, if any, are also disposed of.