SAJAN KUMAR ALIAS SURESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. ENERGY AND 6 OTHERS
WRIC/11037/2025 · 2025-12-03
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173845 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173845 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11037 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of State-Respondents and Ms. Riya Yadav, Advocate holding brief of Ms. Neera Yadav, who appears on behalf of respondent nos.3 and 4. In view of the order proposed to be passed, issuance of notice to the respondent no.7 is dispensed with. This petition has been filed with the following main prayers :
"(i) Issue a writ, order or direction in the nature of mandamus commanding the Opp-Party No.3, 4, 5, & 6 to establish the electricity pole under Niji Nalkoop Vidyut Jab Commissione (Mukhyamantri Laghu Sinchai Yojna) at Gata No. 151m& measuring 0.5670 hec. and 150m. measuring 0.4860 hec. of village Kalyanpur (Charda), Tehsil Nanpara, District Bahraich. (ii) Issue a writ, order or direction in the nature of mandamus commanding the Opp-Party No. 6 to provide appropriate police force in pursuant to the letter dated 30.07.2025, for the purpose of establishing the electricity pole under Niji Nalkoop Vidyut (Mukhyamantri Laghu Sinchai Yojna) at Gata No. 151m measuring 0.5670 hec. and 150m. measuring 0.4860 hec. of village Kalyanpur (Charda), Tehsil Nanpara, District Bahraich, contained as Annexure No.7 to the writ petition." It is the case of the petitioner that he intends to set up his own tubewell for proper water supply to his field under the Mukhyamantri Laghu Sinchai Versus Counsel for Petitioner(s) : Om Prakash Prajapati, Piyush Pathak, Vaibhav Prakash Jaiswal Counsel for Respondent(s) : C.S.C., Neera Yadav Sajan Kumar Alias Suresh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Energy And 6 Others .....Respondent(s)
Yojna on Gata No. 151 minjumla measuring 0.5670 hectare and Gata No. 150 minjumla measuring 0.4860 hectare of Village Kalyanpur (Charda), Tehsil Nanpara, District Bahraich. However, respondent no. 7 is not allowing the employees of respondent nos.3 and 4 to connect the electricity line on the ground that his land will be affected by the overhead electricity wire.
Learned counsel for the petitioner has submitted that the report annexed as Annexure No. 5 to the writ petition submitted by the Sub-Divisional Officer and the Junior Engineer of the Electricity Distribution Division shows that there already exists an 11 KV Jamog Feeder line and the petitioner’s connection is to be provided through the said feeder line.
Learned counsel for respondent nos.2 and 3, on the basis of instructions, submits that since respondent no.7 owns the land below the proposed route for the electricity line, he has objected to the same. The petitioner should ensure that respondent no.7 agrees and provides a No Objection Certificate/consent for laying the electricity line as proposed in the report dated 16.04.2025 or alternatively, he may suggest another route where the tenure-holder concerned, whose land lies below such electricity line, may consent to the passing of the electricity line/wire over his land. The writ petition is disposed of with liberty to the petitioner to enquire from his neighbours whether anyone is willing to allow the electricity line to pass over their land for providing the connection. If any neighbour agrees, an application shall be made by the petitioner to respondent no.3, who shall thereafter direct the Sub-Divisional Officer and the Junior Engineer to submit a fresh map of the proposed line along with the revised estimate. Once such estimate is submitted, the petitioner shall deposit whatever excess amount is required to be deposited and thereafter he shall be provided the electricity connection as proposed. December 3, 2025 Mahesh WRIC No. 11037 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench