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SULTAN SINGH versus SURAT SINGH & ORS

High Court of Punjab and Haryana, Chandigarh

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Sultan Singh v. Surat Singh & Ors - CR-1735-2006 [2006] RD-P&H 1815 (20 March 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR 1735 of 2006

Date of decision 28.3.2006

Sultan Singh .. petitioner

Versus

Surat Singh and others .. Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
PRESENT: Mr.Arun Singal , Advocate for the petitioner M.M.Kumar, J.

Both the Courts below have refused to grant interim injunction in favour of the plaintiff-petitioner for restraining the laying of electric wire from point P to T which passes through the land of the plaintiff- petitioner. It has been held that the plaintiff- petitioner is not going to suffer because his land would continue to be cultivatable even if electric wire passes over the land belonging to the petitioner. In support of the impugned order, the learned appellate Court has placed reliance on a judgement of this Court in the case of Bhagwan Dass and others vs. Surinder Kumar and another 1988(2) Cr.L.J.363 wherein it has been held that placing of electric pole in the private land is in the interest of general public.

Having heard the learned counsel I am of the considered view that no manifest injustice is likely to be caused to the plaintiff- petitioner by taking up the wire over his land. Therefore, there is no merit in this petition. Dismissed.

(M.M.Kumar)

28.3.2006 Judge

okg


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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