Jai Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15643 of 2017 ====================================================== Jai Kumar Singh Son of Late Upendra Narayan Singh, Resident of VillageMilki, Police Station- Gangta More, District- Munger. ... ... Petitioner/s
Versus
1.
The State Of Bihar through Secretary, Energy Department, Government of Bihar, Patna 2.
The Managing Director, South Bihar Power Distribution Company Limited, Bidhyut Bhawan, Patna.
3.
The Chief Engineer, South Bihar Power Distribution Company Limited, Bidhyut Bhawan, Patna.
4.
The District Magistrate, Munger.
5.
The Executive Engineer, South Bihar Power Distribution, Munger. 6.
The Assistant Executive Engineer, South Bihar Power Distribution, Haweli Kharagpur, Munger.
7.
The Sub Divisional Officer, Electricity Board, Munger. 8.
The Circle Officer, Gangta, Munger.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Ambastha, Advocate For the Respondent/s :
Mr. Shiv Kumar, AC to GA 3 For SBPDCL :
M/s Vinay Kirti Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 23-06-2025
1. Heard the Learned counsel for the parties.
2. The petitioner has filed the instant application for the following reliefs:
"i) For issuance of a writ in the nature of mandamus directing the respondents to immediately uproot the electric poles fixed in the field (know
2/4 home stead land) of the petitioner bearing Khata No. 132. Khesra No.2003, Mouza Banhara Tola Manganiya Tari.
ii) For issuance of further writ of mandamus restraining the respondents to fix transformer and electric wire on the pole and supply electricity through the said pole during the pendency of this application.
Iii) For issuance of further writ of mandamus directing the respondents to fix pole besides the land of the petitioner and at a place which is public gair majarua land or on the aal (Boundary of the land) so that any construction works on the land is not hampered.
iv) For issuance of any other appropriate writ(s) or order(s) or direction(s) which may be deemed fit and proper in the facts and circumstances of the case."
3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 26.06.2024 passed in CWJC No. 17625 of 2016 (Lalmuni Devi Vs. The State of Bihar & Ors.)
3/4 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) in light of the judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such
4/4 petition is filed within a period of four 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 24.06.2025 Transmission Date