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SMT. AMEENA KHATOON & OTHERS versus U.P.POWER CORPORATION LTD. & ANOTHER

High Court of Judicature at Allahabad

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Smt. Ameena Khatoon & Others v. U.P.Power Corporation Ltd. & Another - WRIT - C No. 15196 of 2007 [2007] RD-AH 5386 (26 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble V.C. Misra, J.

Heard.

Issue notice. Notice need not got  to the respondents who are represented by Sri A.K. Mehrotra Advocate  who has taken notice on behalf of them.

The petitioners have approached this Court being aggrieved by the orders passed by both the Courts below by not granting interim injunction order in a suit filed by the petitioners against the respondents who are drawing the overhead lines of 30 KVA over and above the property of the petitioners which according to them is an abadi land though according to the respondents it is an agricultural land. The revisional Court in its order has referred to the exercise of the power by the respondents under Section 164 of The Electricity Act, 2003 for placing the electric lines or electrical plants for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper coordination of works in terms of Section 10 of the Telegraphic Act.

Looking into the facts and circumstances of the case I find that a prima facie case has been made out in favour of the petitioners, balance of convenience also tilts in their favour irreparable harm and injury shall be caused in case an ex parte interim order is not granted in favour of the petitioners.

Sri Brijesh Kumar Pandey, Advocate holding brief of Sri A.K. Mehrotra learned counsel for the respondents prays for and is allowed three weeks' time to file a counter affidavit.

Till next date of listing the respondents are restrained from installing the poles and drawing electric lines over the land in suit of Plot no.1318/1 and 1318/2 situated at Qasba Baran District Bulandshahar

List immediately after expiry of three weeks.    

March 26, 2007

Hasnain

wp.15196.07


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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