Khadariya Oriental Nursery And Primary School vs. The General Manager

Facts

The petitioner, Khadariya Oriental Nursery & Primary School, filed a writ petition seeking a Mandamus to direct the respondent, Bharath Sanchar Nigam Limited (BSNL), to remove a telephone junction box installed in front of the school. The petitioner contended that the junction box caused accidents and despite multiple representations made since May 7, 2015, BSNL had taken no action. The respondent, BSNL, stated that the junction box could be shifted if the petitioner remitted Rs. 89,680/-, which included GST. The petitioner agreed to pay this amount and requested three weeks for payment. The Court granted this time for payment and directed BSNL to shift the junction box within eight weeks thereafter.

Held

The Court held that the issue of removing the BSNL telephone junction box could be resolved by the petitioner making the stipulated payment. The Court directed the petitioner to pay a sum of Rs. 89,680/- to the respondent within three weeks. Upon receipt of this payment, the respondent was directed to pass appropriate orders for shifting the BSNL telephone junction box to another location as early as possible, preferably within eight weeks from the date of payment. The Court did not delve into the merits of the accidents or the respondent's prior inaction, focusing instead on facilitating a resolution through payment and subsequent action by the respondent. The ratio decidendi is that a petitioner seeking removal of an obstruction can achieve this by fulfilling the respondent's financial requirements for relocation, with the Court facilitating the process.

Key Issues

1. Whether the Court should issue a Writ of Mandamus directing the respondent to remove the BSNL telephone junction box installed in front of the petitioner's school, considering the alleged accidents and the respondent's inaction on prior representations. Petitioner's Argument: The petitioner argued that the junction box posed a safety hazard, leading to accidents, and that the respondent had failed to act on their repeated representations for its removal. They sought judicial intervention to compel the respondent to take action. Respondent's Argument: The respondent contended that the removal or shifting of the junction box was contingent upon the petitioner remitting a sum of Rs. 89,680/-, which included GST. They indicated willingness to proceed with the shifting upon payment.