- (1.) The present writ petition has been filed by the petitioner making the following prayers: (i) Issue a writ, order or direction in the nature of mandamus directing the respondents not the install/transmission of 132 K.V. Electric Wire Line and Tower in the boundary of the house of the petitioner and its frontage or any area of the petitioner over the plot No. 8/287 and 30 Mauza Katesar Kalan, Pargana Katehar, Tehsil and District Varanasi. (ii) Issue a writ, order or direction in the nature of Ad-interim mandamus to stay the digging/working for the installation of 132 K.V. Electric Wire Line and Tower in the boundary of the house of the petitioner over the plot in dispute by specifically respondent Nos. 4 and 5 and other respondents. (iii) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv) Award the cost of petition to the petitioner. As per the averments made in the Writ Petition, the petitioner is the owner of Plot No. 8/287 and 30, Katesar Kalan, Pargana Katehar, Police Station Chaubepur, District Varanasi, over which residential house and Auto Service Centre are situated.
(2.) The grievance raised by the petitioner in the present writ petition is that the respondent Nos. 4 and 5 are trying to instal Electricity Towers by digging 15 x 15 meters within the boundary of the petitioner. In the circumstances, the petitioner has filed the present writ petition seeking the reliefs, as mentioned above.
(3.) We have heard S/Shri S.K. Vidyarthi and Vinod Kumar Srivastava, learned Counsel for the petitioner, the learned Standing Counsel appearing for the respondent No. 1 and Shri Mahboob Ahmad, learned Counsel for the respondent Nos. 2, 3, 4 and 5, and perused the record.;