Court No. - 1
Case :- WRIT - C No. - 41958 of 2019 Petitioner :- Saleem Ansari Respondent :- Sub Divisional Magistrate And 3 Others Counsel for Petitioner :- Shailendra Kumar Ojha,Ashutosh Mishra Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore
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 of mandamus directing the respondent authority to take proper action upon the application of the petitioner within stipulated period fixed by this Court and to remove the transformer which is installed in front of his house.
Heard Sri S.K. Ojha, learned counsel for the petitioner, Sri K.D.S. Rathore, learned counsel for the respondent-corporation 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 move the Collector/District Magistrate, Kushinagar 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, Kushanagar 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 Shiraz