Court No. - 39

Case :- WRIT - C No. - 17557 of 2021

Petitioner :- Ummaid

Respondent :- State of U.P. and Others

Counsel for Petitioner :- Abhishe Pandey

Counsel for Respondent :- Narendra Kumar Tiwari,Kulveer

Singh

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Krishan Pahal,J.

In Re: Civil Misc. Impleadment Application No. 2 of 2021

The impleadment applicant herein claims to be an agriculturist

having his agricultural land in the vicinity where the land

belonging to the petitioner situates. The impleadment applicant

is objecting to the grant of electricity connection for personal

tubewell of 7.5 H.P. applied by the petitioner. It is contended

that for providing electricity connection to the tubewell of the

petitioner, the agricultural land belonging to the impleadment

applicant cannot be destroyed.

Considering the submission in the affidavit accompanying the

impleadment application, we find it proper to relegate the

applicant to approach the competent authority, in case they

propose to lay down H.T. Line over the land in accordance with

the provisions of the Work of Licensee Rules, 2006.

The impleadment application is accordingly, disposed of.

Order on Writ Petition

Heard Sri Abhishek Pandey, learned Advocate appearing for the

petitioner and Sri Hari Bhawan Pandey, learned Advocate

appearing for the respondent nos. 2, 3 and 4.

The petitioner herein is seeking electricity connection of

tubewell on 7.5 Horse Power for irrigation of his agricultural

land situated in Village Manki, Tehsil Deoband, District

Saharanpur.

Further prayer has been made to issue direction to the

respondent no. 5 to provide necessary police force for the

purpose of energizing/fixation of the devices for grant of

electricity connection to the said tubewell.

A perusal of the record indicates that for providing electricity

connection to the petitioner herein, an HT line has to be laid

over the land belonging to one Talib S/o Latif, who is

obstructing the work of the respondent department.

The said person has filed impleadment application herein

raising various objections with regard to the grant of electricity

connection to the petitioner.

In view of the order passed on the impleadment application and

having perused the record, we find that the obstruction on the

part of the impleadment applicant in the working of the officials

of the electricity department is uncalled for. In case the

impleadment applicant/the person is aggrieved by the laying of

HT line, he has a remedy of approaching the competent

authority i.e. District Magistrate, Saharanpur, in accordance

with the Work of Licensee Rules, 2006, by writing a

representation raising all points of grievances. In any case, he

cannot obstruct the working of the officials of the electricity

department without raising proper objection under the aforesaid

Rules.

For the aforesaid, we dispose of the present writ petition with

the observations as under :-

(i) The impleadment applicant is at liberty to file his

representation within a period of two weeks alongwith the copy

of this order to the District Magistrate, Saharanpur, in

accordance with the Rules.

(ii) In case any such representation is filed within the time

given above, the District Magistrate concerned shall decide the

same by giving opportunity of hearing to the petitioner to make

his submissions. The electricity connection for the tubewell

installed by the petitioner shall be duly granted by the

electricity department and the damages, if any, caused to the

land of the impleadment applicant shall be duly computed and

paid in accordance with the decision of the District Magistrate,

Saharanpur.

(iii) In any case, any act of the impleadment applicant to

obstruct the working of the officials of the electricity

department may entail a penalty and punishment for the offence

of obstruction in discharge of th