Court No. - 21
Case :- WRIT - C No. - 2912 of 2019 Petitioner :- Rashid Afzal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Kumar Counsel for Respondent :- C.S.C.,Pankaj Kumar Shukla
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Learned Standing Counsel appears for the first and fifth respondents and Sri Pankaj Kumar Shukla, learned Advocate, has accepted notices on behalf of the second to fourth respondents.
The petitioner has preferred this writ petition amongst others for the following relief:
"2. Issue a writ, order or direction in the nature of mandamus commanding the District Magistrate, Allahabad/ respondent no. 5 to decide claim of land compensation of the petitioner by exercising the power conferred under Rule 3(2) of Work Licensee Rule 2006 read with section 67(2e), 67(3), 67(4), 67(5) of Electricity Act, 2003 and consider the claim under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 keeping with the mind and proviso of section 105 and section 24 of the Act."
From the material on the record we find that for the redressal of his grievance the petitioner has made a representation to the District Magistrate regarding the claim submitted under Rule 3(2) of the Work of Licensee Rule, 2006 on 13th October, 2016.
Having regard to the provisions of the Electricity Act, 2003 and the Work of Licensee Rule, 2006, we are of the view that the ends of justice would be met by issuing a direction upon the District Magistrate, Prayagraj, the fifth respondent, to consider the cause of the petitioner and pass the appropriate order in accordance with law expeditiously, preferably within a period of three months from the date of communication of this order.
Needless to say that we have not expressed our opinion on the merits of the case. The authority concerned shall pass the order independently and in accordance with law.
Accordingly, the writ petition is disposed of. No order as to costs.
Order Date :- 28.1.2019 SKT/-