C/M Gram Vikash Jeewan Rakshak ... vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 3248 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 4569 of 2021
 

 
Petitioner :- C/M Gram Vikash Jeewan Rakshak Samiti Thru.Manager
 
Respondent :- State Of U.P. Thru. Prin. Secy. Energy Lko. & Ors.
 
Counsel for Petitioner :- Om Prakash Mani Tripathi
 
Counsel for Respondent :- C.S.C.,Puneet Chandra
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Manish Kumar,J.

Heard the learned counsel for the petitioner, learned State Counsel and Shri Puneet Chandra, learned counsel representing the U.P. Power Transmission Corporation Ltd.

There appears to be consensus amongst the learned counsel for the parties that it is the District Magistrate who is the competent authority to decide the issue in question. Reliance in this regard has been placed on a judgment dated 21.03.2017 passed by this Court in the case of Writ-C No. 46247 of 2015 (Santosh Kumar Vs. State of U.P. and others).

Accordingly, this petition is disposed of in terms of the aforesaid judgment with a direction that the petitioner may approach the concerned District Magistrate in the light of the aforesaid judgment, who shall pass appropriate orders in accordance with law within six weeks from the date application under this order along with its certified copy is presented before the District Magistrate.

District Magistrate will decide the application if it is preferred by the petitioner after affording an opportunity to Uttar Pradesh Power Transmission Corporation Ltd.

Order Date :- 9.3.2021

akhilesh/