LAWS(P&H)-2006-3-382

SULTAN SINGH Vs. SURAT SINGH

Decided On March 28, 2006
SULTAN SINGH Appellant
V/S
SURAT SINGH Respondents

JUDGEMENT

(1.) BOTH the Courts below have refused to grant interim injunction in favour of the plaintiff-petitioner for restraining the laying of electric wire from point P to T which passes through the land of the plaintiff- petitioner. It has been held that the plaintiff- petitioner is not going to suffer because his land would continue to be cultivatable even if electric wire passes over the land belonging to the petitioner. In support of the impugned order, the learned appellate Court has placed reliance on a judgement of this Court in the case of Bhagwan Dass and others vs. Surinder Kumar and another 1988(2) Cr.L.J.363 wherein it has been held that placing of electric pole in the private land is in the interest of general public. Having heard the learned counsel I am of the considered view that no manifest injustice is likely to be caused to the plaintiff- petitioner by taking up the wire over his land. Therefore, there is no merit in this petition. Dismissed.