Court No. - 1
Case :- WRIT - C No. - 31648 of 2019 Petitioner :- Molhu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mahendra Pratap Yadav,Pavan Kishore Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
This writ petition has been filed, inter alia, for the following reliefs:-
"(i). Issue a writ, order or direction in the nature of mandamus direct the respondents not to construct Electricity Sub Station of 33/11 K.V. in residential area on Arazi no.130/225MI situated in village Kadma, Tappa Bakhira, Pargana Maghar Purab, Tehsil Khalilabad, district Sant Kabir Nagar.
(ii). Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
Heard Sri M.P. Yadav, learned counsel for the petitioner, Sri Mahboob Ahmad, learned counsel for the respondent Nos.4 and 5 and perused the record.
Having regard to the nature of the grievance, we are of the firm opinion that the same would fall within the competence/ domain of the authorities under the Works of Licensees Rules, 2006, which have been framed under the Electricity Act, 2003.
Consequently, we permit the petitioner to approach Collector/District Magistrate, Sant Kabir 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, Sant Kabir 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 :- 27.9.2019 Gaurav