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Veerwati v. State Of U.P. And Others - WRIT - C No. 25491 of 2006 [2006] RD-AH 9270 (9 May 2006)


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Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

The petitioner has approached this court earlier raising the grievance that because of the political considerations the Tube Well which was to be installed at Plot No. 314 has been shifted to Plot No. 128 which will not be in the interest of the public at large. This Court while disposing of the said writ petition  merely made note of the averments made in the petition and vide order dated 22/3/2006 directed the District Collector, Bareilly to consider and decide the grievance of the petitioner.

In pursuance of the order of this Court, an inquiry was conducted by a committee of experts, according to which it was not possible to install the tube well in Plot  No. 314 as it had failed and in spite of the best efforts it was not found feasible/possible to install the tube well and get the sufficient quantity of water for the purpose of irrigation, therefore, it has been shifted to Plot No. 128. The learned District Collector passed the order accordingly.

As the petition raises disputed question of fact, and we cannot   sit in appeal against the finding recorded by the Special Body having expertise in the subject, we do not see any cogent reason to interfere with the order impunged dated 07/4/2006 passed by the District Magistrate, Bareilly.

The writ petition is accordingly dismissed.




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