Shishir Kumar Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4701 of 2020 ====================================================== Shishir Kumar Prabhakar S/o Gulab Mahto Resident of Village- Pavitra Atma Dham, Sakraul, P.O.- Mahanandpur, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through its the Chief Secretary, Bihar, Patna. 2.

The Bihar State Power Transmission Company Limited 4th Floor, Vidyut Bhawan, Bailey Road, Patna- 800001.

3.

The Managing Director, Bihar State Power Transmission Company Limited, Bihar Sharif, Nalanda.

4.

The District Magistrate, Bihar Sharif, Nalanda. 5.

The Executive Engineer, Bihar State Power Transmission Company Limited, Bihar Sharif, Nalanda.

6.

The Superintending Engineer, Bihar State Power Transmission Company Limited, Bihar Sharif, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj For the Respondent/s :

Mr.Kinkar Kumar (Sc9) For Respondent Nos. 2, 3, 5 & 6 :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-10-2022 Petitioner has prayed for the following relief(s):- "(i) for issuance of writ in the nature of Mandamus directing and commanding the Respondent Authorities to removed/changed the Transmission pole, which is being laying down transmission pole by the power Transmission company on the land of petitioner near "The Baba Masih Anathalay" at Pavitra Atma Dham (Saraul) NH-31. Mahanandpur, Bihar Sharif, Nalanda, which is dangerous for Anathalay' children.

Patna High Court CWJC No.4701 of 2020 dt.11-10-2022 2/3 (ii) For further direction to the Respondent Authorities to make payment of compensation of land which is used by the transmission company without information/consent of the petitioner still nothing has been paid to the petitioner.

(iii) For any others order/orders for which this Hon'ble court may deem fit and proper."

Learned counsel for the respondents, states that similar petition being C.W.J.C. No. 10609 of 2020 titled as Sushma Kumari @ Sushma Devi Vs. The Managing Director South Bihar Power Distribution Co. Ltd. was disposed of by a co-ordinate bench of this Court vide judgment dated 17.01.2022, and the present petition may also be disposed of in the light of the said petition. Learned counsel for the petitioner has no objection to the same.

In view of the same, as mutually agreed, the instant petition stands disposed of in terms of the judgment dated 17.01.2022 passed by this Court in C.W.J.C. No. 10609 of 2020 titled as Sushma Kumari @ Sushma Devi Vs. The Managing Director South Bihar Power Distribution Co. Ltd., making the directions issued therein applicable mutatis mutandi, to the extent possible also to the

Patna High Court CWJC No.4701 of 2020 dt.11-10-2022 3/3 instant case.

Interlocutory Application(s), if any, shall stand disposed of."

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/- AFR/NAFR CAV DATE Uploading Date 12.10.2022 Transmission Date