Court No. - 29
Case :- WRIT - C No. - 18762 of 2019 Petitioner :- Gyan Pithika Senior Secondary School Ballia Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Kumar Tripathi Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and Sri Mahboob Ahmad, learned counsel appearing for the Purvanchal Vidhyut Vitran Nigam Ltd.
The petitioner in the writ petition has not properly arrayed the respondents. There is nothing like U.P. State Electricity Board, Lucknow at present and therefore, respondent no.3 is incorrectly made a party to the writ petition.
The petitioner is directed to delete respondent no.3 from the array of parties.
As far as respondent no.4 is concerned, it ought to have been Executive Engineer, Purvanchal Vidhyut Vitran Nigam Ltd. The petitioner is directed to correct the description of the respondent no.4 accordingly.
The grievance of the petitioner is that the respondent no.4 is not shifting high tension electricity transmission lines from the premises of the petitioner institution to some other secure place at a safe distance. The petitioner in this regard has submitted a representation dated 01.11.2018 to the District Magistrate but to no avail.
The matters relating to carrying of electricity lines from above the properties of the private persons is a matter which lies within the domain of the District Magistrate in accordance with the provisions of Rule 3 of The Works of Licensees Rules, 2006.
In view of the aforesaid facts and circumstances, the writ petition is disposed of with liberty to the petitioner to make a fresh representation regarding shifting of electricity lines to the respondent no.2-District Magistrate within a period of two weeks from today. In the event any such representation is made by the petitioner, the District Magistrate shall proceed to adjudicate the same in accordance with the provisions of Rule 3 of The Works of Licensees Rules, 2006, most expeditiously, preferably within a period of two months from the date of receipt of such a representation.
The writ petition is disposed of.
Order Date :- 29.5.2019 Pramod Tripathi