Neutral Citation No. - 2025:AHC:124724-DB Court No. - 40 Case :- WRIT - C No. - 18575 of 2019 Petitioner :- Mohd Siddique Alias Mallu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Gupta,Ramesh Rai Counsel for Respondent :- C.S.C.,Kapil Dev Singh Rathore,Rishu Mishra Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Akash Ojha, Advocate, holding brief of Sri Rishu Mishra, learned counsel for the respondent no. 4. 2. Present petition has been filed for the following reliefs : I. a writ, order or direction in the nature of certiorari quashing the order dated 23.11.2017 passed by District Magistrate, Deoria, respondent no. 2. (Annexure No.3 to this writ petition) II. a writ, order or direction in the nature of mandamus commanding the respondents to pay compensation in accordance with law regarding the land bearing gata no. 672 area 0.160 hectare situated in village- Chariyaw Khas, Post- Khairabanuwa, Tehsil- Deoria Sadar, Block- Gauri Bazar, District- Deoria, unauthorizedly taken and used by the respondent nos. 3 & 4. III. any other suitable writ, order or direction as this Hon'ble Court deems fit and proper in the fact and circumstances of the case. IV. to award cost of the petition to the petitioner. 3. The grievance of the petitioners is that respondent no. 4 has installed 4 electric poles for transmission of high tension electric wires without taking consent of the petitioners as contemplated under Rule 3 of The Works of Licensees Rules, 2006 (hereinafter referred to as the 'Rules, 2006'). 4. It is contended by the learned counsel for the petitioners that the respondent no. 4 has on the one hand, illegally installed 4 electric poles on the land of the petitioners for transmission of high tension electric wires for supply of electricity and on the other hand, it has not paid any compensation to the petitioners as contemplated under Rule 3 (2) of the Rules, 2006. It is further submitted that the petitioners have approached earlier also before this Court by filing WRIT - C No. 39019 of 2016 which was disposed of by this Court directing the District Magistrate, Deoria to consider the claim of the petitioners but the District Magistrate while passing the order though admitted that 4 electric poles have been installed on the land of the petitioners but he did not pass any order of compensation as provided under Rule 3 (2) of the Rules, 2006. It is submitted that in such view of the fact, a direction be issued to the District Magistrate, Deoria to determine the appropriate compensation in accordance with law under Rule 3 (2) of the Rules, 2006 and direct the respondent no.4 to pay compensation to the petitioners along with interest. 5. Learned counsel for the respondent no. 4 also does not dispute the fact that 4 electric poles have been installed on the land of the petitioners. However, he submits that there is no provision under which the compensation is required to be paid to the petitioners. 6. Be that as it may, a perusal of Rule 3 (2) of the Rules, 2006 shows that when making an order under sub-rule (1), the District Magistrate or the Commissioner of Police or the officer so authorised, as the case may be, shall fix, after considering the representations of the concerned persons, if any, the amount of compensation or of annual rent, or of both, which should in his opinion be paid by the licensee to the owner or occupier. In view of the fact that land of the petitioners have been taken for installation of 4 electric poles for installing high tension electric wires for smooth supply of electricity, the petitioners are entitled to compensation or annual rent or both under Rule 3 (2) of the Rules, 2006. 7. In view of the aforesaid Rules, 2006, this writ petition is disposed of directing the petitioners to submit their representation to the District Magistrate, Deoria within a period of four weeks from today. The District Magistrate, on receiving the said representation of the petitioners, shall proceed in accordance with Rule 3 (2) of the Rules, 2006 to decide the compensation or annual rent or both to which the petitioners are entitled and direct the licensee to pay the amount of compensation or annual rent or both as determined by him, expeditiously preferably within a period of one month from the date of determination. 8. It is needless to say that the District Magistrate while fixing the compensation or annual rent or both under Rule 3 (2) of the Rules, 2006, shall also grant appropriate interest on the said amount. 9. It is made clear that the order impugned in the writ petition shall not come in the way of the petitioners for claiming compensation under Rule 3 (2) of the Rules, 2006. Order Date :- 28.7.2025 KS (Arun Kumar Singh Deshwal,J.) (Saral Srivastava,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad