Bidya Singh v. North Bihar Power Distribution Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16175 of 2017 ====================================================== Bidya Singh Son of Late Sipahi Singh, Village-Dighwa Khajuhatti, P.S.- Baikunthpur, District-Gopalganj.

... ... Petitioner/s

Versus

1.

North Bihar Power Distribution Company Ltd. through its Managing Director Vidyut Bhawan, Patna 2.

Executive Engineer, Electric Supply Division, Gopalganj. 3.

Executive Engineer, Electric Project, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Advocate For the Respondent/s :

Mr. M/s Anand Kumar Ojha, Sr. Advocate Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 18-06-2025

1. Heard the Learned counsel for the parties.

2. The petitioner has filed the instant application for the following reliefs:

"I. For issuance of writ of mandamus commanding the respondents authority to shift the electric wire from over roof, Ceiling and the land of petitioner's plot No. 1003, situated in Village-Dighwa, Thana No.339, P.S.-Baikunthpur DistrictGopalganj to save the life of the family members of the petitioner and also the

2/4 life of his pet animals.

II. For issuance of writ of Mandamus commanding the respondents authority to cross-the same electric wire from the land of road which is situated just adjacent east of the petitioner land bearing plot no.

1003 aforesaid by putting one or two electric pole besides the boundary of petitioner on the land of road in Compliance of the order dated 19.8.2017 passed by the District Public Complaint Redressal Officer, Gopalganj directing the respondent authority to enquired into the matter and to make alternative arrangement to shift the electric wire from the roof, ceiling and land of petitioner to save from danger.

III. For issuance of such other appropriate writ or order or direction which may deem fit and proper for the ends of justice."

3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated

3/4 26.06.2024 passed in CWJC No. 17625 of 2016 (Lalmuni Devi Vs. The State of Bihar & Ors.) by this Court in which this Court has passed the order in light of the judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited vs Century Textiles & Industries Ltd & Ors. reported in 2017(2) PLJR (SC) 152, this writ petition may also be disposed of on the same terms and conditions.

4. After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to file appropriate application for compensation before the appropriate authority.

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. 17625 of 2016 (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such petition is filed within a period of four

4/4 weeks from the date of receipt of copy of this order, the same shall be examined and considered on merits by the appropriate court and shall be disposed of expeditiously.

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 19.06.2025 Transmission Date