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2025 DAILYLAW 99215 (ALL)

CHAUTH KUMAR v. STATE OF UP AND 3 OTHERS

WRIC/32539/2024 · 2025-02-17

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23579-DB Court No. - 29 Case :- WRIT - C No. - 32539 of 2024 Petitioner :- Chauth Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Vijay Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent Nos. 1 to 3 and Sri Shrawan Kumar Tripathi, learned counsel for respondent No.4. 2. The petitioner is aggrieved by the action of respondent- electricity department in not permitting him to complete construction of his house. 3. Learned counsel for respondent No.4 has obtained instructions, according to which, there is security threat in terms of Regulation 61(3) of the Central Electricity Authority(Measures relating to Safety and Electric Supply) Regulations, 2010, as the distance of the proposed construction is less than 2.0 Meter from the electricity line. 4. However, learned counsel for the petitioner disputes this fact and states that correct distance between electricity line and his house is much more than 2.0 meter. 5. In the facts of the case, we permit the petitioner to represent his case before fourth respondent who shall get the facts ascertained and pass an appropriate order with regard to grant of permission to raise construction of his house. Such decision be taken by fourth respondent within four weeks from the date of representation. 6. With the above direction, the writ petition stands disposed of. Order Date :- 18.2.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad