Neutral Citation No. - 2025:AHC:34564 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2300 of 2025 Petitioner :- Butwal Gorakhpur Cross Broder Power Transmission Limited Respondent :- Smt Shanti Devi And 3 Others Counsel for Petitioner :- Pratik J. Nagar Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the petitioner. The application for leave to file writ petition under Chapter XXII Rule 4 CPC is hereby allowed. It is contended by learned counsel for the petitioner that a transmission line is being erected in a joint venture of Power Grid Corporation of India Limited, a Government Company incorporated under the Companies Act, 1956 and Nepal Electricity Authority, Kathmandu Nepal. The State electricity line is going from Gorakhpur to Bhutwal and the project is to be completed by September, 2025. An injunction suit was instituted by respondents no.1 and 2 wherein the contractor of the joint venture was arrayed as defendant, and an application for grant of temporary injunction 6- C was moved in which an ad-interim injunction was granted on 24.10.2024 which is not in accordance with Order 39 proviso to Rule 3. Learned counsel for the petitioner further contends that on coming to know about the ex-parte ad-interim injunction and the project having been haulted, an application under Order 1 Rule 10 CPC was moved on 07.02.2025 which is pending consideration before the Civil Judge (Junior Division), Maharajganj. He further contends that the suit filed by the respondents no.1 and 2 is barred by provisions of Section 145 of the Electricity Act. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit as the application under Order 1 Rule 10 CPC filed by the petitioner is pending consideration before the Court concerned, the writ petition is disposed of requiring the Civil Judge (Junior Division), Maharajganj to immediately decide the same strictly in accordance with law within a period of one week from the date of production of certified copy of this order. The petitioner has already filed objections to the temporary injunction application moved by the plaintiff-respondents no.1 and 2. The said temporary injunction application 6-C shall be considered and decided by the Court concerned within a period of two months, after hearing all the affected parties, strictly in accordance with law. With the aforesaid direction, writ petition stands dispose of. Further, the ad-interim injunction, granted on 24.10.2024, shall remain stayed till the decision on temporary injunction application 6-C. Order Date :- 10.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad