Suresh Kumar v. Kanwar Singh & Ors.

CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. S.K.Yadav, Advocate for the appellant. ****

Whether Reporters of local newspapers may be allowed to see the judgment?

To be referred to the reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) This appeal has been filed against the judgments of the Courts below dismissing the suit of the appellant-plaintiff for permanent injunction restraining the respondents from installing the H.T.Line over his land. The sole ground of the appellant was that the said line would pass over his residence and would have be hazardous to the appellant. Both the Courts below have found that the construction made by the appellant was meant for cattle shed and also that it was fresh. The following questions have been proposed: i) Whether the ld. Courts below has appreciated the evidence brought before it in the right perspective or not? ii)Whether the action of the respondents in raising the RSA No.3879 of 2009 -2- High Tension Line upon the residential houses of the appellant is as per the provisions mentioned in the Electricity Act, 2003 and isntruction No.2.8 of Sales Manual? It would be seen that both the proposed questions are pure questions of fact. Both the courts below have concurrently found that there is no residential house of the appellant which may be affected by the proposed wires. Learned counsel for the appellant has not been able to persuade me that the findings recorded are either based on no evidence or are based on such misreading of evidence which renders them so perverse as to be liable for interference under Section 100 of CPC. Consequently, this appeal and application for stay are dismissed. October 29, 2009 (AJAY TEWARI) JUDGE