Shri Amiy Ket Singh And Another vs U.P. Power Transmission ...
2023 Latest Caselaw 18092 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:47269-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 5536 of 2023
 

 
Petitioner :- Shri Amiy Ket Singh And Another
 
Respondent :- U.P. Power Transmission Corporation Ltd. Lko. Thru. Managing Director And Others
 
Counsel for Petitioner :- Jameel Ahmad,Ambuj Kumar Bajpai
 
Counsel for Respondent :- Puneet Chandra,C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Hon'ble Manish Kumar,J.

1. Heard Sri Jameel Ahmad, learned counsel for the petitioners, Sri Vivek Kumr Shukla, learned Addl. C.S.C. for the State respondents and Sri Puneet Chandra, learned counsel for the opposite parties no. 2 and 3.

2. By means of instant petition the petitioners have prayed for a mandamus restraining the opposite parties and its authorized persons/licensee to erect "22 KV Power Transmission Tower" on the petitioners' irrigated agricultural land Khasra/Gata no. 1169 measuring 1.2810 Hect./5 Bigha 1 Biswa 8 Biswansi situated at Village Maloli Pargana & Tehsil Mohanlal Ganj, Lucknow.

3. The counsel appearing for the petitioners contends that the Electricity Department, without paying any compensation, is erecting the 22 KV Power Transmission Tower over the petitioners irrigated agricultural land.

4. After the aforesaid argument counsel for the petitioners submits that the interest of justice will be sub-served if this Court may please to direct the District Magistrate concerned to decide the representation of the petitioners within the stipulated time as may be fixed by this Court.

5. In support of his contention counsel for the petitioners has placed reliance on the judgment dated 21.3.2017 in the case of Writ-C No. 46247 of 2015 (Santosh Kumar v. State of U.P. and others) and added that the benefit granted in the aforesaid order may also be extended to him.

6. Learned Addl. C.S.C. and learned counsel appearing for the opposite parties no. 2 and 3 has no objection if the benefit of the order passed in Writ-C No. 46247 of 2015 (Santosh Kumar v. State of U.P. and others) is provided to the petitioners.

7. Be that as it may, the District Magistrate, Barabanki is hereby directed to consider and decide the representation of the petitioner in the light of the judgment and order passed on 21.3.2017 in Writ-C No. 46247 of 2015 (Santosh Kumar v. State of U.P. and others) along with the provisions of section 164 of Electricity Act read with section 10 of Telegraph Act within a period of 45 days from the date a certified copy of this order is produced before him.

8. With the aforesaid observations, writ petition is disposed of.

Order Date :- 19.7.2023

Arti/-

[Manish Kumar,J.] [Vivek Chaudhary,J.]