IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3938 of 2011 (O&M) Date of decision: 23rd June, 2011 Ashok Kumar and another ....... Petitioners Versus Executive Engineer, Transmission system, Haryana Vidyut Parsar Nigam Ltd., Kaithal and others ........ Respondents BEFORE: HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Davinder Lubana, Advocate for the petitioners. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No Hemant Gupta, J.(Oral) The plaintiffs are in revision aggrieved against an order dated 17.05.2011 passed by the learned Additional Civil Judge (Senior Dvision), Kaithal, whereby the application under Order 39 Rule 1 and 2, restraining the defendants from illegally erecting the poles/towers of high transmission lines has been dismissed. The appeal against the said order has also been dismissed by the learned District Judge, Kaithal vide order dated 7.06.2011. It has been found by both the courts below that the defendants are installing transmission lines in pursuance of the notification issued under Section 164 of the Electricity Act, 2003. After returning such finding, the learned Ist Appellate Court has also Civil Revision No.3938 of 2011 (O&M) observed that if after evidence is led by the parties, the court comes to the conclusion that the defendants have erected transmission lines against the sanctioned scheme, the plaintiffs shall be at liberty to get such lines shifted at the cost of the defendants. In view of the above, the present revision petition is disposed of as such. [HEMANT GUPTA] JUDGE 23rd June, 2011 Shivani Kaushik 2