Court No. - 1
Case :- WRIT - C No. - 41637 of 2019 Petitioner :- Mahendra Kumar Pandey And 2 Others Respondent :- U P Power Corporation And 3 Others Counsel for Petitioner :- Hinchh Lal Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Hinchh Lal Pandey, learned counsel for the petitioners, Ms. Usha Kiran, learned Counsel appearing for the respondent nos.1 to 3 and perused the record.
By means of the present petition under Article 226 of the Constitution of India, the petitioner has sought relief in the nature of mandamus commanding and directing the respondents to resume the electricity connection of the petitioners.
However, in such circumstances instructions have been obtained by the respondent counsel who submits that the petitioners are obstructing to the electricity line over and above their agricultural field.
In such view of the matter we are of the opinion that the matter may be inquired into by the District Magistrate under the Works of Licensees Rules, 2006, which have been framed under the Electricity Act, 2003.
Consequently, we permit the petitioner to move the Collector/District Magistrate, Siddharth Nagar, with a copy of his claim together with a certified copy of this order and place such materials as the petitioner may seek to rely upon. The Collector/ District Magistrate, Siddharth Nagar shall take a final decision on the application preferably within a period of three months of the receipt of a copy of the application.
The petition is, accordingly, disposed of.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 18.12.2019 Gaurav