Court No. - 40
Case :- WRIT - C No. - 19690 of 2021 Petitioner :- Smt. Sarala Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Pratap Singh,Rajneesh Kumar Singh Counsel for Respondent :- C.S.C.,Gaurav Singh Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondent no.1; and Sri Gaurav Singh for the respondents 2 to 4.
The prayer of the petitioner is to direct the respondents to remove the transformer put over plot Nos.427 and 428 belonging to the petitioner.
On 03.09.2021, learned counsel for the respondents were required to seek instructions.
Sri Gaurav Singh, who represents the respondents 2 to 4, has obtained written instructions; according to which, the transformer is not located over the property of the petitioner.
The petitioner disputes the aforesaid statement and claims that the transformer is over petitioner's property.
Be that as it may, if the transformer is over petitioner's property, then the petitioner can move an application before the District Magistrate under the Works of Licensees Rules, 2006 in respect of removal of the transformer from petitioner's property. Otherwise also, the petitioner can apply for demarcation of her plot so as to find out whether the transformer is located over petitioner's property or some other property.
As the petitioner has various other alternative remedies available, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to take recourse to other appropriate legal remedies, as may be advised.
The petition stands disposed off.
Order Date :- 21.9.2021 AKShukla/-