Asha Devi @ Asha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10707 of 2018 ====================================================== Asha Devi @ Asha Kumari W/o Late Vinod Mahto R/o Vill. - Pirnagar, P.S. - Naokothi, Dist. - Begusarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.

The Chairman North Bihar Power Distribution Company Bihar State Electricity Board Vidyut Bhawan, B 3.

The District Magistrate, Begusarai.

4.

The Executive Engineer, Department of Electricity, North Bihar Power Distribution Company, Begusar 5.

The Assistant Engineer, Department of Electricity North Bihar Power Distribution Company, Bakhari 6.

The Superintendent of Police, Begusarai.

7.

The Officer In Charge - Naokothi, Police Station, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Respondent/s :

Mr. Yogendra Prasad Sinha -AAG 7 For the Respondent :

Mr. Sanjeev Kumar Nos. 2, 4 and 7 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 04-07-2025

1. Heard learned counsel for the parties.

2. The petitioner has filed the writ application for the following relief:

"(a) For issuance of appropriate writ commanding and directing the respondent authorities for the payment of the compensation amount Rs.- 40,56,000/- or for the amount which this Hon'ble court may deem fit and proper

2/4 with interest to the petitioner as the husband of the petitioner has died due to falling of the High Voltage electric wire (Electrocution) on 01.12.2016 and for that the U.D. case bearing No.- 05 of 2016 has been lodged by the father in law of the petitioner in which it has been admitted that the husband of the petitioner has died due to high voltage electric shock as per the Postmortem examination Report of the deceased Husband of the petitioner.

(b) For a direction to take action against the responsible Respondents who have not followed the situation and have never bothered to take care of the representation filed by the petitioner for the redressal of her grievances."

3. The Learned counsel for the respondents submitted that the grievance of the petitioner has already been redressed as per the circular contained in Office Order No. 877 dated 21.06.2016 and also as per recommendation of the Committee constituted by the respondent Bihar State Power Distribution Company Limited. The petitioner has already been paid Rs. four lakhs

3/4 compensation vide Office Order No. 1076 dated 31.05.2018 (Annexure-B), in accordance with the circular, through cheque No. 341167 dated 06.06.2018. Therefore, the present writ petition has become infructuous.

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 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

4/4 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 05.07.2025 Transmission Date