Court No. - 21
Case :- WRIT - C No. - 24451 of 2018 Petitioner :- Koushlesh Prasad Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- C.S.C.,Abhishek Srivastava,Mahboob Ahmad
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioner, learned Standing Counsel as well as Sri Ravi Anand Agrawal for respondent no. 4.
This petition for writ is preferred to have a direction for respondent Executive Engineer, Teliarganj, Phase-II, U.P. Power Corporation Ltd. Allahabad to stop construction work of electricity tower upon the field of the petitioner.
We are of the opinion that the grievance of the petitioner can very well be redressed by the District Magistrate, Allahabad if the petitioner submits an application to him as per proviso to Sub-rule 1 of Rule 3 of the Works of License Rules, 2006. If a representation is filed to the District Magistate, Allahabad alongwith certified copy of this order within a period of one week from today, then the same shall be considered and decided expeditiously, in accordance with law, as far as possible within a period of two weeks subsequent thereto.
It is also pertinent to mention that if the District Magistrate, Allahabad passes any adverse order against the petitioner, then he would have further remedy of filing a revision before the appropriate Regulatory Commissioner. In view of it, petitioner should have approached the District Magistrate, Allahabad instead of invoking writ jurisdiction before this Court.
Accordingly, petition for writ is dismissed. Petitioner is at liberty to avail the remedy available under Rules of 2006.
Order Date :- 27.7.2018 Shekhar [Chandra Dhari Singh, J.] [Govind Mathur, J.]