Chandra Deo Mishra Vs State of U.P. and 4 Others

Chief Justice's Court

Case :- WRIT - C No. - 1245 of 2018

Petitioner :- Chandra Deo Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shri Ram (Rawat),Jai Shanker Misra Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla

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Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.

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Heard Sri Shri Ram Rawat, learned counsel for the petitioner and Sri Gaurav Maurya, learned counsel holding for Mr. Pankaj Kumar Shukla, learned counsel for respondent Nos. 2, 4 and 5.

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The reliefs, which the petitioner seeks, are in the following terms:-

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" i. Issue a writ in the nature of mandamus commanding the respondents not to install the high tension Tower and electric line effecting the Abadi of the petitioner i.e. over his plot no 206 and 207 situated in village Madaraha Tehsil Meja Distt. Allahabad.

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ii. Issue a writ in the nature of mandamus commanding the respondents to shift the high tension Tower and electric line out side of the Abadi of the petitioner i.e. over his plot no 206 and 207 situated in village Madaraha Tehsil Meja Distt. Allahabad. "

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The grievance of the petitioner would fall within the jurisdiction of the Collector and District Magistrate, having regard to the provisions of Rule 3 of the Works of Licensees Rules, 2006 which have been framed under the Electricity Act, 2003.

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Consequently, we permit the petitioner to move the Collector and District Magistrate, Allahabad with a copy of his claim together with a certified copy of this order and placing reliance upon such other material as the petitioner may seeks to rely upon. The Collector and District Magistrate shall take a final decision on the application preferably within a period of three months of the receipt of a copy of the application.

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The petition is, accordingly, disposed of. There shall be no order as to costs.

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Order Date :- 10.1.2018 VMA

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(Dilip B Bhosale, CJ)

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(Suneet Kumar, J)

Chandra Deo Mishra v. State of U.P. and 4 Others

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Chandra Deo Mishra v. State of U.P. and 4 Others

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