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Mahila Gram Vikas Samiti v. State Of U.P. And Others - PUBLIC INTEREST LITIGATION (PIL) No. 29387 of 2006 [2006] RD-AH 10878 (4 July 2006)


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Court No.32

Civil Misc. (PIL) Writ Petition No.29387 of 2006

Mahila Gram Vikas Samiti vs. State of U.P. and others.

Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

In the instant petition the short grievance of the petitioner is that the U.P. Power Corporation Limited is raising construction of sub station at plot no.90-K of village Mahopar, Tappa Rampur Kotha Pargana Bhauvapart, Post Gajpur, District Gorakhpur.

It is submitted that on the aforesaid plot a primary school of Anganwadi is located and, therefore, it would not be proper and safe to construct any power sub station adjacent to the primary school.  

We are of the view that if any body is aggrieved by the decision of the U.P. Power Corporation in respect of construction of sub station, the appropriate remedy, at the first instance, is to move application under Section 16(1) of the Indian Telegraph Act, 1885 read with Sections 164 and 185 of the Electricity Act, 2003 before the District Magistrate.  In this case also the petitioner has made representations on 11.5.2004 and 13.5.2006 before the District Magistrate, contained in Annexures 4-A and 4-B to the writ petition.

We, therefore, dispose of this petition at this stage with the direction to the District Magistrate, Gorakhpur to examine the grievance of the petitioner and decide the aforesaid application/representation, by a reasoned order, after hearing all the necessary parties, treating it to be an application under Section 16(1) of the Indian Telegraph Act, 1885 read with Sections 164 and 185 of the Electricity Act, 2003 as expeditiously as possible, preferably within a period of three weeks from the date of production of certified copy of this order.

With the aforesaid direction this petition stands finally disposed of.




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