Mukarram Alam v. Bses Rajdhani Power Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1444/2020 & CM APPLN 4986/2020 MUKARRAM ALAM ..... Petitioner Through Mr.Anurag Rawat, Adv.

versus BSES RAJDHANI POWER LTD ..... Respondent Through Mr.Sunil Fernandes, Standing Counselwith Ms.Nupur Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 04.03.2020 1.

This order has been passed pursuant to earlier order of this Court dated 13.02.2020, the issue pertains to installation of an electric meter in the property in question bearing House No. 3, Ground Floor, Masjid Matka Peer, Mathura Road, Delhi. The only argument of the respondent/BSES RPL is that a co-ordinate Bench of this court in W.P.(C) 2239/2019 has issued a status quo order in respect of the shrine in question i.e. Dargah Matka Peer. 2.

Pursuant to the last order, petitioner has filed a site plan which shows that the house of the petitioner is approximately 190 meter away from the Mazar in question.

3.

I may note that this Court vide order dated 13.02.2020 had directed that the file of W.P.(C) 2239/2019 be sent to this court. Needful has not been done by the Registry. Learned counsel for the petitioner states that a copy of the writ petition being W.P.(C) 2239/2019 is annexed as Annexure

-P-1. A perusal of the prayer clause of the W.P.(C) 2239/2019 shows that it has been prayed that appropriate direction may be given to the respondents to not to interfere in the peaceful possession of the said holy shrine of Dargah Hazrat Sheikh Abubakar Toosi Haidari Kalandari alias Matka Peer. Other directions are also sought including directions not to disturb the devotees of the holy shrine by creating illegal pressure by creating obstruction in the worship and prayer of the devotees. 4.

From the perusal of the interim order of the court dated 14.03.2019 passed in W.P.(C) 2239/2019 along with the prayer clause of the writ petition, it is evident that the issue raised in the writ petition pertains to interference in the peaceful possession of the dargah peer/obstruction in worship and prayer of the devotees etc. There is nothing in the order passed in the W.P.(C) 2239/2019 which debars the electric meter connection being granted to the petitioner.

5.

Subject to any further directions that the co-ordinate bench may pass in W.P.(C) 2239/2019, let the respondent/BSES RPL grant electric connection to the petitioner subject to the petitioner fulfilling all necessary formalities.

6.

Petition is disposed of.

7.

A copy of this order be given dasti under the signature of the Court Master.

JAYANT NATH, J.

MARCH 04, 2020/st