Sunaina Devi v. The Bihar State Power Holding Company Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17376 of 2017 ====================================================== Sunaina Devi Wife of Late Vijay Singh, Resident of Village-Kodmarai, P.S. Kurtha, District-Arwal ... ... Petitioner/s

Versus

1.

The Bihar State Power Holding Company Limited , Vidyut Bhawan, Patna 2.

The Managing Director, Power Holding Company Limited, Vidyut Bhawan, Patna.

3.

The Executive Cngineer, Arwal, Power Holding/Distribution Company Ltd. Bihar, Patna.

4.

The State of Bihar through the Principal Secretary, Home Department, Bihar, Patna.

5.

The Superintending of Police,Arwal.

6.

The Dy S.P. Arwal.

7.

The Officer in Charge P.S. Kurtha, District Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Rajesh Kumar Sinha Mr. Upendra Pd. Singh, Advocates For the Respondent/s :

Mr. Manish Kumar -GP 4 For the BSPHCL :

M/s Nivedita Nirvikar, Sr. Advocate Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 19-06-2025

1. Heard Learned counsel for the parties.

2. The writ petition has been filed for issuance of Writ in the nature of mandamus for directing the Respondent authorities to pay compensation of Rs. 10 lakhs for the death of the husband of the petitioner due to the fault of the South Bihar Power Holding Electricity Company.

Patna High Court CWJC No.17376 of 2017 dt.19-06-2025 2/3

3. The Learned counsel for the respondents submitted that the grievance of the petitioner has already been redressed as per the Rule, vide Letter No. 724 dated 10.06.2016 of the respondent Bihar State Power Distribution Company Limited. The petitioner has already been paid Rs. four lakhs as ex-gratia compensation vide Office Order No. 871 dated 09.05.2018 (AnnexureA), in accordance with the circular issued at the time of electrocution, through cheque No. 515510 dated 18.05.2018. Hence, this writ petition is fit to be dismissed.

4. However, Learned counsel for the petitioner contended that since this matter is squarely covered under the order dated 26.06.2024 passed in CWJC No. 19302 of 2016 (Dilip Mahto Vs. The State of Bihar & Ors.) by this Court in which this Court has passed the order in light of a judgment passed by the Hon'ble Apex Court in the case of Chairman Grid Corporation of Orrisa Ltd. & Ors. Vs. Sukamani Das (Smt) & Anr reported in (1999) 7 SCC 298 this writ

Patna High Court CWJC No.17376 of 2017 dt.19-06-2025 3/3 petition may also be disposed of on the same terms and conditions.

5. Having regard to the submissions made by the Learned counsel for the petitioner, the present writ petition stands disposed of in terms of the aforesaid judgment passed in CWJC No. 19302 of 2016 and also with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such petition is filed, the same is expected to be disposed of expeditiously by the concerned Civil Court.

6. With the aforesaid direction the writ petition stands disposed of.

7. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.06.2025 Transmission Date