Petitioner sought writ of mandamus for injunction against electricity disconnection threatening his milk dairy business. The High Court found the petition premature as no notice was issued. The writ petition was dismissed.
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Court No. - 1
Case :- WRIT - C No. - 30209 of 2019
Petitioner :- Manveer Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Singh Counsel for Respondent :- C.S.C.,Krishna Agarawal
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Shri Surendra Singh, learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Shri Krishna Agarwal, learned counsel for respondent nos. 2, 3 and 4.
By means of this writ petition, the petitioner has prayed for following relief:
"(B) issue a writ, order or direction in the nature of mandamus directing the respondents not to disturb the milk dairy in the peacefully business of the petitioner by way of coercive action as well as not cut in the connection of the petitioner."
It is a substantial relief of injunction that has been prayed for. The grievance of the petitioner is that he is under threat of disconnection of electricity. However, nothing has been brought on record to substantiate the arguments.
Per contra, learned counsel for the respondent Shri Krishna Agarwal, submits that the writ petition is premature as no such notice has been issued at the end of the respondent nos. 2,3 and 4 regarding electricity connection of the petitioner, which may warrant interference by this Court.
In view of above, the writ petition is, therefore, dismissed as being premature at this stage.
Order Date :- 20.9.2019 Ravi Prakash
(Ajit Kumar, J.) (Ramesh Sinha, J.)
2 issues framed by the court
Whether to grant injunction directing respondents not to disturb petitioner's milk dairy business or disconnect electricity connection.
Whether the writ petition seeking permanent injunction is premature in view of absence of prior notice regarding disconnection.
Manveer Singh
State Of U.P.
Respondent no. 2
Respondent no. 3
Respondent no. 4
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
