High CourtsSingle Bench(2024) 11 UK CK 0114

Jivan Chandra vs Sub Divisional Magistrate Nainital & Others

Uttarakhand High Court · Decided on 13 November 2024

HON’BLE JUDGES
Pankaj Purohit, J
RESULT
Dismissed
CASE NUMBER
Writ Petition Miscellaneous Single No. 2765 Of 2024

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Judgment

12 paragraphs · 358 words

Pankaj Purohit, J

1.

Heard learned counsel for the parties.

2.

By means of the present writ petition, petitioner has sought the indulgence of this Court for quashing the order dated 04.09.2024, annexure-4 to the writ petition, passed by respondent no.3, whereby the petitioner was denied the ‘No Objection Certificate’ for the purpose of electricity connection and further to restore the electricity connection in the premises of the petitioner.

3.

On the previous occasion, the Court has asked the learned counsel for the petitioner to submit a map of the constructed house in-question before this Court, when it was pointed out by the learned counsel for the respondent that no objection certificate was denied to the petitioner for the reason that petitioner has constructed the house in-question without seeking any permission from the respondent no.3.

4.

Today, the petitioner by way of supplementary affidavit has submitted the map of the house after getting it prepared from Architect.

5.

It is admitted to the parties that the house in-question has been constructed without obtaining any permission under the provisions of the Uttarakhand Urban and Country Planning and Development Act, 1973.

6.

Learned counsel for respondent no.2-UPCL submits that for restoring the electricity connection, a complaint has been lodged before the Consumer Grievance Redressal Forum (CGRF) and that application has been rejected vide order dated 15.10.2024.

7.

The writ petition was filed prior to that when the complaint was still pending.

8.

It is also argued by learned counsel for respondent no.2-UPCL that since the complaint has been rejected by the CGRF, therefore, petitioner has got a remedy to challenge the said order dated 15.10.2024 by filing a representation before the Ombudsman under Section 42(6) of the Electricity Act, 2003.

9.

On the aforesaid submission having been made by learned counsel for respondent no.2-UPCL, learned counsel for the petitioner wants to withdraw the writ petition with liberty to avail the remedy available before the Ombudsman by filing the representation against the order dated 15.10.2024, passed by the CGRF.

10.

Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty.

11.

Pending application, if any, stands disposed of accordingly.