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2025 DAILYLAW 59889 (ALL)

RAMANAND AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIC/16361/2025 · 2025-05-20

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Court No. - 40 Case :- WRIT - C No. - 16361 of 2025 Petitioner :- Ramanand And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- C.S.C.,Himanshu Kumar Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Ashish Kumar, learned counsel appearing on behalf of the petitioners, learned Standing Counsel appearing on behalf of the State-respondents and Sri Himanshu Kumar, learned counsel for respondent no.2. 2. This is a writ petitioner under Article 226 of the Constitution of India wherein the writ petitioners are seeking the following substantial relief: "a. issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to stop the transmission of the electricity lines over the Plot No.309 of the petitioners, deciding the representation dated 08.04.2025 submitted by the petitioners within stipulated period." 3. Upon perusal of the documents and upon hearing counsel appearing on behalf of the parties, we are of the view that the aforesaid reliefs sought by the petitioners cannot be granted. The issue involved in the present writ petition is squarely covered by a judgment of the Supreme Court rendered in Power Grid Corporation of India Ltd. Vs. Century Textiles and Industries Ltd and others reported in AIR 2017 SC 1141. In light of the same, we are of the view that the compensation is payable to the petitioner. 4. Accordingly, the petitioner is directed to make an application under Section 10(d) of the Indian Telegraph Act, 1885 before the respondent no.2, Power Grid Corporation of India through its Deputy General Manager, Gorakhpur. In the event the petitioners make such an application within a period of three weeks from date, the respondent no.2 shall consider and decide the same in accordance with law expeditiously, preferably within a period of three months from the date of making the said application. 5. With the above directions, the writ petition is disposed of. Order Date :- 21.5.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad