Manju Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.918 of 2017 ====================================================== Manju Devi, Wife of Suresh Prasad Singh, Resident of Sri Krishna Memorial Road, New Area, Nawada, P.S. Nawada, District - Nawada ... ... Petitioner/s

Versus

1. The State of Bihar through the Bihar State Electricity Board, Patna

2. The Chairman, Bihar State Electricity Board, Patna

3. The Managing Director, South Bihar Power Distribution Ltd., Patna

4. The District Magistrate, Nawada

5. The Sub - Divisional Officer, Nawada

6. The Executive Engineer, South Bihar Power Distribution Ltd., Nawada

7. The Junior Engineer, South Bihar Power Distribution Ltd., Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the Respondent/s :

Mr. Abbas Haidar-Sc6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-11-2018 The present writ petition has been filed for directing the respondent authorities to shift the electricity transformer installed by the South Bihar Power Distribution Company Limited.

The Respondents have filed a counter affidavit. Paragraph Nos. 5 to 8 are reproduced hereinbelow:- "5. That to appreciate the fact of the case in right perspective it is submitted that 100 KVA distribution transformer was installed road side initially in the Sri Krishna Memorial Colony, New Area Shikshak Sangh, Nawada in the presence of petitioner as well as neighbors of the colony, and had no any

Patna High Court CWJC No.918 of 2017(2) dt.29-11-2018 2/3 objection at that time.

6. That the matter relating to shifting of the transformer from the plot of the petitioner has already been raised before the District Public Complaint Redressal Cell, Nawada by the petitioner an in presence of the Assistant Electrical Engineer, Nawada order was passed on 21.09.2016 to submit the expenses to be incurred in shifting the transformer to the petitioner; and upon payment of the same the respondent AEE, Nawada was directed to get the transformer shifted. The order dated 21.09.2016 passed by the District Public Complaint Redressal Officer, Nawada writ petition under reply.

7. That in compliance of the order passed by Public Grievance Redressal Officer, Nawada dt. 21.09.2016, the respondentAssistant Electrical Engineer, Nawada sanctioned estimate for shifting of the installed distribution transformer vide estimate no262/deposit/2016-2017 dt. 14.12.2016 and sent the same to the petitioner vide registered part, but the supervision charge is still unpaid to-day. In that circumstances work is not being started.

8. That from the above facts it is clear that the matter of shifting of transformer having already been disposed of by the Public Grievance Redressal Officer, Nawada there cannot be further litigation on the same point between the same parties. The respondent authority-AEE, Nawada has complied its part of performance is compliance of the order of Public Grievance Redressal Officer, Nawada by submitting estimate, but it is the petitioner who is not depositing the supervision charge as such the work of transformer shifting is not being started."

In view of the stand taken by the respondents, there is

Patna High Court CWJC No.918 of 2017(2) dt.29-11-2018 3/3 no merit in the present case. Accordingly, the same is dismissed.

(Mohit Kumar Shah, J) ajay gupta/- U