Writ petition sought relief against laying of underground electricity cables on petitioner's land without permission. Court disposed of petition by directing an on-spot measurement exercise by the Sub-Divisional Magistrate.
Direction for on-site measurement of land encroachment by Sub-Divisional Magistrate and subsequent order by District Magistrate.
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Neutral Citation No. - 2023:AHC:104451
Court No. - 3
Case :- WRIT - C No. - 14241 of 2023
Petitioner :- Sukhraj Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Udai Prakash Deo Pandey Counsel for Respondent :- A.S.G.I.,C.S.C.,Sheetla Prasad Gound
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Udai Pratap Pandey, learned counsel for the petitioner and Sri Umendra Kumar Singh holding brief of Sri Sheetla Prasad, learned Central Government Standing Counsel for respondent nos. 1 & 2 and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the respondent no. 3.
2. On 28.04.2023, this Court directed the respondents to file their counter affidavit and show cause that under what authority of law they laid the underground electricity cable in the Bhumidhari Land of the petitioner, without his permission. Today learned Central Government Standing Counsel as well as learned Additional Chief Standing Counsel, both pray for further time to file counter affidavit.
3. Considering the facts and circumstances of the case and also the fact that the respondents are not filing counter affidavits, we dispose of this writ petition with the following directions:-
i) The petitioner and the respondent no. 2 both shall appear before the respondent no. 3 in his office on 18.05.2023 at 11:00 A.M .
ii) The petitioner shall submit a representation annexing therewith copies of relevant khataunis etc.
iii) The respondent no. 2 shall submit his objections annexing therewith copies of relevant records and Khataunis etc.
iv) The respondent no. 3 shall issue a direction on the same day to the concerned Sub-Divisional Magistrate to undertake measurement on spot in presence of the petitioner and respondent no. 2 or their representatives duly authorized by them and to submit a report based on records, as to whether land of the petitioner is being encroached or damaged by laying of underground cable by the respondent
no. 2. The entire exercise shall be completed by the concern Sub-Divisional Magistrate within 10 days and a report in this regard shall be submitted by him before the District Magistrate within next seven days.
v) On receipt of the report, the District Magistrate shall examine the claim of the parties and pass an appropriate order in accordance with law within next three weeks after affording reasonable opportunity of hearing to the parties.
vi) Both the petitioner and respondent no. 2 shall produce a copy of this order before respondent no. 3 on 18.05.2023.
Order Date :- 15.5.2023 Shubham Arya
Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad
Sukhraj
Union Of India
Others
Surya Prakash Kesarwani
Anish Kumar Gupta
As recorded by the court registry
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