Kunwar Pal Singh vs State Of U.P. And Others
2011 Latest Caselaw 249 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 15182 of 2011
 

 
Petitioner :- Kunwar Pal Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Mithilesh Kumar Shukla,Avaneesh Kumar Shukla
 
Respondent Counsel :- C.S.C.,Rajesh Tripathi
 

 
Hon'ble Amitava Lala,J.

Hon'ble Ashok Srivastava,J.

On the application of the petitioner a 25 KV transformer was installed by respondent no. 2 and an electrical connection was given to his tube well. Subsequently respondent no. 2 gave another connection from the same transformer to another consumer. As per allegations, due to the new connection, the capacity of the tube well of the petitioner was adversely affected. Therefore he made a representation dated 21.2.2011 to the Executive Engineer but it has not been heard and decided as yet.

Heard learned counsel for the petitioner, Sri B.S. Pandey, learned counsel appearing for Electricity Department and learned Standing Counsel.

According to us, it is a highly technical matter which is required to be considered by one of the highest authority of the Power Corporation. In case the representation was not considered by the Executive Engineer, higher authorities like Superintending Engineer or Chief Engineer were available for considering the cause. The petitioner could have approached such authorities but instead of doing so he has approached this Court, even arraying the Secretary, Power Distribution, Lucknow as one of the respondents. Therefore, anyone of the above mentioned higher authorities could have been approached by the petitioner to get appropriate justice.

We do not find any reason to pass any affirmative order directing the Executive Engineer to do the needful in the circumstances because the allegations are against the Executive Engineer itself. This court cannot pass any order in this regard.

Therefore, the writ petition is dismissed, however, without imposing any cost. However, passing of this order will in no way affect the right of the petitioner to proceed before the appropriate authority.

Order Date :- 14.3.2011

S.B.