Raj Kumar and 3 Others v. State of U.P. and 4 Others

Court No. - 32

Case :- WRIT - C No. - 12692 of 2018

Petitioner :- Raj Kumar And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kalp Nath Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla

Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Kalp Nath, learned counsel for the petitioners, learned Standing Counsel for the respondent nos.1 and 3 and Sri Pankaj Kumar Shukla, learned counsel for respondent nos. 2, 4 and 5

The relief which the petitioners seek, is in the following terms:

"(i) Issue a writ order or direction in the nature of mandamus directing the Respondents not to fix the poles and not to lay over head High Power Electric Lines from the residential plot of the petitioner."

The grievance of the petitioners 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.

Consequently, we permit the petitioners to move the Collector and District Magistrate, Mirzapur with a copy of their claim together with a certified copy of this order and placing reliance upon such other material as the petitioners may seek 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.