Yogesh Kumar Tailor ... vs Managing Director,Jaipur Vidhut ...
2021 Latest Caselaw 6570 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             D.B. Special Appeal Writ No. 467/2021

Yogesh Kumar Tailor (Advocate) S/o late Shri Kamal Kumar
Tailor, aged about 29 years, R/o Plot No.48, Ganpati Nagar,
Nangal Jesa Bohara, Jhotwara, Jaipur.
                                                                   ----Appellant
                                   Versus
1.     Managing Director, Jaipur Vidhut Vitran Nigam Limited,
       Vidhut Bhawan, Janpath, Jaipur
2.     Assistant Engineer, G-4,power House, Kardhani, Near
       Kardhani Police Station, Jaipur.
3.     Junior Engineer, Power House, Niwaru Road, Near Salimar
       Choraha, Narayanpura, Jhotwara Industrial Area, Jaipur
4.     Junior Engineer, G-4, Power House, Kardhani, Near
       Kardhani Police Station, Jaipur.
                                                                ----Respondents

For Appellant(s) : Mr. Yogesh Kumar Tailor, the appellant in person Mr. Vimal Chand Choudhary For Respondent(s) :

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Order

16/11/2021

This appeal is directed against the judgment of the learned

Single Judge dated 01/04/2021 passed in S.B. Civil Writ Petition

No.14639/2020.

The petitioner is occupying a residential unit near to which

there is a Transformer installed by the Jaipur Vidhut Vitran Nigam

Limited (JVVNL). The petitioner desires that such Transformer be

shifted for safety reasons. The learned Single Judge disposed of

(2 of 2) [SAW-467/2021]

the writ petition allowing the petitioner to move an application for

shifting Transformer elsewhere, which would be considered by the

JVVNL at the cost of shifting to be borne by the petitioner. Counsel

for the petitioner submitted that the Transformer is installed very

close to the residential unit occupied by the petitioner with his

family members. The electricity company has demanded a sum of

Rs.2,26,347/- from the petitioner for shifting Transformer, which

the petitioner is unable to afford.

There is nothing on record to suggest that the Transformer is

installed at a location which would be hazardous for the safety of

the petitioner and his family members. In that view of the

petitioner, if the petitioner still requires shifting of the Transformer,

obviously he has to bear the cost for the same.

While therefore not interfering with the order passed by the

learned Single Judge, it is clarified that if the petitioner is able to

produce any evidence before the electricity company of the

location of the Transformer being hazardous to the safety and

security of the residents nearby, the electricity company shall

examine such material that the petitioner may place on record.

With this observation, the appeal is disposed of.

                                    (REKHA BORANA),J                                                       (AKIL KURESHI),CJ

                                   Anil Goyal/BM Gandhi-PS/9









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