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2025 DAILYLAW 98196 (ALL)

HASENUDDIN v. STATE OF U.P. THROUGH ADDITIONAL CHIEF SECRETARY AND 6 OTHERS

WRIC/33122/2025 · 2025-09-18

Arun Kumar Singh Deshwal, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33122 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Mr. Jitendra Kumar, learned advocate appears on behalf of petitioner and submits, his client is running a fair price shop. Overhead have been strung transmission wires and there is transformer nearby. High voltage electricity in the vicinity is giving rise to apprehension of accident. 2. He draws attention to report dated 17th February, 2025 made by the Block Development Officer (BDO) and thereafter, writing dated 22nd August, 2025 of respondent no. 3 (the Sub Divisional Magistrate) saying that the complaint is correct. He seeks direction upon respondent nos.6 and 7 for removal of the transformer and transmission lines. 3. Mr. Devansh Rathore, learned advocate, Additional Chief Standing Counsel appears on behalf of State and Mr. Pranjal Mehrotra, learned advocate, on behalf of respondent nos.6 and 7 (the supply company). Mr. Mehrotra hands up order dated 25th July, 2025 made by a Bench, in which one of us was party (Hon'ble Arindam Sinha,J.) disposing of WRIT - C no. 24091 of 2025 (Reena Devi Vs. State of U.P. and 4 others). 4. Paragraph 2 from said order is reproduced below : "2. In view of Rule 3 of the Work of Licence Rules, 2006 framed under the Electricity Act 2003, we are of the opinion that the grievance of the petitioners can be suitably redressed by the Versus Counsel for Petitioner(s) : Jitendra Kumar, Prasoon Tomar Counsel for Respondent(s) : C.S.C., Pranjal Mehrotra Hasenuddin .....Petitioner(s) State Of U.P. Through Additional Chief Secretary And 6 Others .....Respondent(s) District Magistrate, Bijnor, by deciding the objections raised by them regarding the installation of the electricity line as described in the present petition." 5. Mr. Kumar submits, his client be advised to take steps accordingly and there be direction on his client for not operating aforesaid shop in the meantime. 6. Petitioner has to duly apply before concerned authority regarding both his contentions. Firstly, under the licence rules, for removal of the apparatus and secondly, before the administration regarding discontinuance of supply from existing shop. 7. With aforesaid observations, the writ petition is disposed of. September 19, 2025 KS WRIC No. 33122 of 2025 2 (Arindam Sinha,J.) (Arun Kumar Singh Deshwal,J.) Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad