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2025 DAILYLAW 45823 (ALL)

MANOJ KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/12811/2025 · 2025-05-22

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88112-DB Court No. - 40 Case :- WRIT - C No. - 12811 of 2025 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Sen Pal,Jay Devi Counsel for Respondent :- C.S.C.,Vinay Kumar Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State and Sri Vinay Kumar Singh, learned counsel appearing on behalf of the respondent No.2. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs: "(i) issue a writ order of direction in the nature of mandamus directing the respondent authorities to shift the electric poll and electric transformer for electrification of Sankar Vihar Colony of private respondent at some other place in pursuance to order dated 27.08.2024 passed by Executive Engineer (respondent no.2). (ii) issue a writ order of direction in the nature of mandamus commanding the respondent authorities the respondent authorities to take proper action on the complaint of petitioner regarding installation of electric polls and Transformer for electrification of Sankar Vihar Colony for shifting at another place. (iii) issue a writ order of direction in the nature of mandamus commanding the respondent authorities to take proper action against the developer of Sankar Vihar Colony in accordance with law." 3. Upon perusal of the documents available on record, we find that there are conflicting reports issued by the various authorities with regard to establishment of the transformer in the particular place close to the premise of the petitioner. 4. In light of the same, we are of the view that the petitioner should file a fresh representation before the District Magistrate/Sub Divisional Magistrate, Tehsil Sikandrarau, Hathras, within a period of two weeks from date. In the event such a representation is made, the said authority is directed to grant opportunity of hearing to the petitioner as well as private respondent, and thereafter, pass a reasoned order in accordance with law within a period of eight weeks from the date of moving the representation. 5. The writ petition is disposed of accordingly. Order Date :- 23.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad