- (1.) Aggrieved By Order Dated 23.07.2015 Passed In W.P.(C) No. 4507 of 2013, the appellant is in appeal under Clause 10 of Letters Patent of Patna High Court (as adopted by the High Court of Jharkhand).
(2.) After hearing the learned Senior Counsel for the appellantD.V.C, we are of the opinion that the grievance raised in the instant appeal to the liberty granted to the appellantD.V.C to seek permission from the competent authority in terms of proviso (d) to Section 10 of the Indian Telegraph Act, 1885 and under Section 67(2) of the Electricity Act, 2003, on admitted facts, cannot sustain.
(3.) During the course of argument, the learned Senior Counsel tried to impress upon the Court that once the Deputy Commissioner has granted permission, in view of the physical verification report which discloses that the land comprised in Plot Nos. 2513 and 2514 under Khata No. 217 situated at MauzaChakulia, Chas, Bokaro is junglejhari, it is the writ petitioner who was required to approach the competent authority, and it was not open to the writ petitioner to straightway rush to the Writ Court. It is contended that once the Deputy Commissioner granted permission to D.V.C, which has taken further permission from the Ministry of Forest and Environment, direction of the Writ Court to D.V.C to seek permission once again, is contrary to the statutory provisions.;