Nempal Singh vs Sub Divisional Officer, Kashipur

Sanjaya Kumar Mishra, J

Upon hearing the learned counsels, the Court made the following Order.

By filing this writ application, the petitioner has prayed for the following reliefs:

“ (a) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondent to take appropriate decision on the application/representation of the petitioner for removal of illegal electricity line adjacent to the house of the petitioner.

(b) Issue any other order or direction which thi Hon’ble Court may deem fit and proper in the circumstances of the case.

(c) Award cost of the petition.”

The learned counsel Mr. Suyash Pant appearing for the State of Uttarakhand would submit that the application filed before the Sub Divisional Magistrate of Kashipur is not authorized to take a decision on the same as per Section 17 of the Indian Telegraphic Act, 1885. He would further submit that the petitioner has remedy of approaching the District Magistrate/Collector.

In that view of the matter, the writ application is allowed to be withdrawn with liberty to file an appropriate application before the District Magistrate/Collector, Udham Singh Nagar, who after affording reasonable opportunity of hearing and producing the documents the petitioner and also to the Electricity Department Supplier/Licensee shall take a decision thereon within a period of 60 days from the date of production of certified copy of this Order before him.