Jagdish Chand Son Of Shri Basti Ram vs Unknown
2021 Latest Caselaw 5707 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 13th DAY OF DECEMBER, 2021 BEFORE

.

HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

& HON'BLE MR. JUSTICE SATYEN VAIDYA

CIVIL WRIT PETITION NO. 2755 OF 2021 Between:-

1. JAGDISH CHAND SON OF SHRI BASTI RAM.

2. RADHA KRISHAN SON OF SH. BASTI RAM.

3. BAL KRISHAN SON OF SHRI AMBA DUTT.

4. SHRI KANT SON OF SHRI AMBA DUTT.

5. HARINDER SON OF SH. LAXMI DUTT.

ALL RESIDENT OF VILLAGE DHARI, PO BISHA TEHSIL KANDAGHAT, DISTRICT SOLAN, HIMACHAL PRADESH.

....PETITIONERS

(BY MR. B.C. NEGI, SR. ADVOCATE WITH MR. NITIN THAKUR, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (POWER) TO THE GOVERNMENT OF HIMACHAL PRADESH.

2. DISTRICT COLLECTOR CUM DISTRICT MAGISTRATE SOLAN, HIMACHAL PRADESH.

3. HPSEBL THROUGH ITS CHAIRMAN VIDYUT BHAWAN SHIMLA-171 004.

4. NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH ITS PROJECT DIRECTOR, HOUSE NO. 1, RISHIKESH SADAN, SHANTI KULTA, CHAKKAR SHIMLA, HIMACHAL PRADESH- 171005.

5. EXECUTIVE ENGINEER, ES DIVISION HPSEBL, SOLAN, HIMACHAL PRADESH.

..RESPONDENTS

(MR. R.S. DOGRA, SR. ADDL. A.G, MR. HEMANSHU MISRA, MR. SHIV PAL

.

MANHANS, ADDITIONAL ADVOCATE

GENERALS AND MR. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL FOR R-1 AND R-2, MR. VIKRANT THAKUR, ADVOCATE FOR R-

3 AND R-5 AND MR. K.D. SHREEDHAR, SR. ADVOCATE WITH MS. SHREYA CHAUHAN, ADVOCATE FOR R-4) ________________________________________________________________________

This petition coming on for orders this day, Hon'ble Mr.

r ORDER

Justice Tarlok Singh Chauhan, passed the following:

The instant petition has been filed for the grant of following

substantive reliefs:-

i) Issue a writ of mandamus directing the respondents not to erect/lay any electrical line over the lands of the

petitioners; and/or.

ii) Issue a writ of mandamus directing the respondents not

to implement order dated 14.12.2020 passed by respondent No.2; and/or.

iii) Issue a writ of certiorari quashing and setting aside the order of respondent No.2 dated 14.12.2020: and/or

2. The issue in question is squarely covered by the judgment of

this Court rendered in CWP No. 1686 of 2021 titled as Bahra

Education and Charitable Society and others vs. Himachal

Pradesh State Electricity Board Limited and others, decided

on 26th November, 2021.

3. Accordingly, the instant petition is dismissed, reserving

liberty to the petitioners to approach the competent authority for

grant of compensation, if any, admissible under the law. Pending

application(s), if any, also stand disposed of.

.

                                                (Tarlok Singh Chauhan)
                                                          Judge





    December 13, 2021                                 ( Satyen Vaidya )
          (naveen)                                          Judge




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