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Allahabad High Court · body

2015 DIGILAW 1524 (ALL)

Dhyan Singh v. Director, U. P. P. C. L.

2015-06-11

MAHESH CHANDRA TRIPATHI

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JUDGMENT Mahesh Chandra Tripathi, J. Heard learned counsel for the petitioner and Shri Baleshwar Chaturvedi for respondent nos. 1, 2 and 3. 2. By means of present writ petition, the petitioner has prayed for mandamus commanding the respondents authority not to open the electric line and remove the poles from his land and has further prayed for direction to the District Judge, Firozabad to hear the Misc. Appeal No.30 of 2015 (Dhyan Singh vs. Director, U.P. Power Corporation Ltd, Shakti Bhawan, Lucknow and others) during the present summer vacation. 3. It appears from the records that Shri Puran Singh-the father of petitioner is the owner of the agricultural land of Gata No.894 situated in Village Maulapur, Tehsil Shikohabad, District Firozabad. The land is adjoining to the Agra-Etawah National Highway No.2. The father of the petitioner, aged 80 years, is ill and the petitioner is looking after all his works. The respondent no.2 directed to provide the electricity to the power house situated in village Sarai Lukman from the electric feeder Karhal Road Sirsaganj. For the purpose of installing the power house, the respondent nos. 1 to 3 authorised to respondent no.4 to install the poles from electric feeder Karhal Road to Sarai Lukman. The respondent no.4 has also been authorized for wiring of high tension electric supply to Sarai Lukman Feeder. The respondent no.4 installed four polls in the middle of the land of the petitioner without proper acquiring the land from the petitioner. The petitioner contacted to the respondent no.4 and other authorities for removing the polls from his land but they refused to do so. On 30.4.2015, the petitioner filed a Civil Suit No.318 of 2015 for permanent prohibitory injunction along with an application under Order 39 Rule I & II of CPC. The Civil Judge (Junior Division), Shikohabad, Firozabad invited objections from the respondents. The respondents filed objections on 22.5.2015. The Civil Judge (Junior Division) rejected the application on 26.5.2015. Against the order dated 26.5.2015 the petitioner has preferred a Misc. Appeal before the District Judge, Firozabad on 30.5.2015 in which the date is fixed on 29.7.2015 for hearing. 4. Learned counsel for the petitioner submits that the respondent no.4 installed four poles in the middle of the land of the petitioner without proper acquiring the land of the petitioner and without any proposed map of installing the high tension line. Appeal before the District Judge, Firozabad on 30.5.2015 in which the date is fixed on 29.7.2015 for hearing. 4. Learned counsel for the petitioner submits that the respondent no.4 installed four poles in the middle of the land of the petitioner without proper acquiring the land of the petitioner and without any proposed map of installing the high tension line. The Civil Judge (Junior Division) rejected the interim application on 26.5.2015 after receiving the objections from the respondents-defendants. Against the order dated 26.5.2015 the petitioner preferred a Misc. Appeal before the District Judge, Firozabad. On 30.5.2015 the District Judge, Firozabad without considering the facts of the case issued notices to the respondents-defendants and fixed a date on 29.7.2015 for hearing. 5. Learned counsel for the petitioner also submits that the District Judge fixed the date after two months while there is urgency in the matter as the respondent authorities are going to connect the electric supply in the line installed in the land of the petitioner. If the supply of the electricity starts, then the purpose of the Suit as well as Misc. Appeal will become frustrated and as such, the matter is very urgent. 6. The Court has perused the records and does not find any infirmity or illegality in the order and as such the Court is not inclined to interfere in the matter under Article 227 of Constitution of India. The writ petition is dismissed.