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2014 Supreme(Raj) 2117

MOHAMMAD RAFIQ
Bhanwari Devi – Appellant
Versus
Superintending Engineer, Sikar Circle, Sikar – Respondent


Advocates:
For the Petitioner:Imran Khan, Advocate.

JUDGMENT

1. - This writ petition has been filed by the petitioner Banwari Devi being aggrieved by the judgment dated 15.11.2014 rendered by Additional District Judge, No. 2, Sikar(for short 'the Appellate Court') whereby appeal filed by the respondents has been allowed reversing the order dated 25.06.2014, granting temporary injunction in favour of the petitioner-plaintiff, passed by Additional Civil Judge(JD) No. 2, Sikar(for short 'the Trial Court').

2. Learned counsel for the petitioner has argued that Appellate Court has erred in law in deciding the issue relating to prima facie case against the petitioner. The petitioner had amply made out her case and as per provisions of Sections 10 and 16 of the Indian Telegraph Act read with Section 164 of the Electricity Act, prior permission of the District Collector is necessary for the contractor, if there is any dispute and in the present case such prior permission was sine qua non for the respondents. Such prior permission was not obtained by the contractor/licensee of the respondents. It is further contended that Appellate Court has wrongly come to the conclusion that the permission of the District Collector was not necessary where t






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