The petitioner namely Electricity Transmission Division, Ballia, has preferred present petition inter-alia with the following prayers :-
"1. Issue an appropriate order for setting aside the order dated 29.11.2019 passed by the Civil Judge (J.D.) West Ballia (Annexure no.8) in case no.163/2019 upon the application of respondent no.4 dated 29.11.2019 for illegal compliance the order dated 04.09.2019 of District Judge, Ballia upon the petitioner.
2. Issue an appropriate order or direction for commanding the respondents not to create any hindrance in laying down the high tension line 400KV Kasara (Mau)-Ibrahimpatti Lilo Line for erection/installation of tower no.86 over the land situated at latitude 788216 longitude 2866078, under the garb of the order passed by District and Session judge date 04.09.2019 in Civil Appeal no.43/2019 (Anurag Garg and another Vs. Virendra and others).
3. Issue an appropriate order or direction to the District Magistrate Ballia and Superintendent of Police Ballia to provide adequate security and cooperation for erection/installation of Tower no.86 over the land situated on latitude 788216 longitude 2866078, (land owner Smt. Lalmuni Devi, Ghoora Ram, Anurag Garg and Aditya Garg as well as espondent no.4, 5, 8, 9) in public interest at large."
When the matter was taken up today a preliminary objection has been raised by Sri M. D. Singh Shekhar, learned Senior Counsel, assisted by Sri Manoj Singh Rathore, learned counsel on behalf of respondents no.4 and 5 that the present petition is barred by the provisions of Chapter 22 sub-Rule 4 of Rule 3 of the Allahabad High Court Rules, 1952.
It is stated by Sri M. D. Singh Shekhar, learned Senior Counsel that petitioner has also filed a Writ Petition No.4276 of 2020 with the following prayers :-
"1. Issue a writ, order or direction in the nature of certiorari for quashing the order dated 20.01.2020 passed by the District Magistrate /Collector, Ballia.
2. Issue a writ, order or direction in the nature of mandamus for commanding the respondents not to create any hindrance in laying down the high tension line 400KV Kasra [Mau] - Ibrahimpatti Lilo Line for erection /installation of tower no.86 over the land situated at latitude 788216 longitude 2866078, under the garb of the order passed by District and Session judge dated 04.09.2019 in Civil Appeal no.43/2019 (Anurag Garg and another Vs. Virendra and others).
3. Issue a writ, order or direction in the nature of mandamus commanding to the District Magistrate Ballia and Superintendent of Police Ballia to provide adequate security and cooperation for erection/installation of Tower no.86 over the land situated on latitude788216 longitude 2866078 [land owner Smt. Lalmuni Devi, Ghoora Ram, Anurag Garg and Aditya Garg as well as respondent no.4, 5, 8, 9] in public interest at large."
On the said writ petition following order was passed :-
"Heard Sri Pankaj Kumar Shukla, learned Counsel for the petitioner and Sri Manoj Kumar Pandey, learned Standing Counsel for the respondents-State.
The petition is full of disputed facts, which arise from civil litigation between inter-parties.
We are not inclined to interfere in this matter at this stage.
The Writ Petition is dismissed. No costs."
In view of the same, it is argued that since present writ petition is almost identical and as such is barred as per the provisions of Chapter 22 sub-Rule 4 of Rule 3 of the Allahabad High Court Rules, 1952, which is quoted hereinbelow :-
"3 (iv) Any substantial omission or misstatement in the above regard shall render the application liable to be dismissed summarily."
At this point of time, it is argued by Sri J. Nagar, learned Senior Counsel assisted by Sri Pankaj Kumar Shukla, learned counsel for the petitioner submits that petitioner does not want to press present writ petition.
In view of the same, writ petition is dismissed as withdrawn.
It is made clear that no liberty has been granted to the petitioner to file a fresh writ petition on the same cause of action.
Order Date :- 21.1.2021 Pramod Tripathi