Arun Kumar Singh And ANR v. The Bihar State Power Holding Company Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4423 of 2016 ===========================================================
1. Arun Kumar Singh Son of Sri Tanik Singh
2. Pankaj Kumar Son of Chandra Shekhar Prasad Singh Both are residents of village - Dheodha, P.S. Pakribarawan, District - Nawadah .... .... Petitioner/s
Versus
1. The Bihar State Power Holding Company Ltd. through its Chairman, Vidyut Bhawan, Bailey Road, Patna
2. The South Bihar Power Distribution Ltd. through its Managing Director, Vidyut Bhawan, Bailey Road, Patna
3. The Chief Engineer, Electricity Department, Nawada
4. The Executive Engineer, Electricity Department, Nawadah
5. The State of Bihar through the Principal Secretary, Department of Power & Energy, Bihar, Patna
6. The District Magistrate, Nawadah
7. The District Forest officer, Nawadah .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the State : Mr. Sunil Kumar, AC to GA-12 For respondent Electricity Board : Mr. Vijay Kumar Verma, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) Date: 03-02-2017 The grievance of the petitioner is use of cement poles of lesser height for installation of 33 K.V.A. electrical line instead of use of rail or poles prescribed under the scheme of Rajeev Gandhi Vidyutikaran Yojna.
2. In the counter affidavit, filed on behalf of the respondents it has been asserted to the following effect: "8. That in reply to the statement made in sub para VI of para 1 of the writ application under reply are categorically wrong and denied. As per REC Standard, respondents No.1, 2, 3 & 4 have followed 9000 (29.5276 ft) Cement Pole, Where the Pole is beneath 1500 mm (4.52 ft) pit and height from road side
Patna High Court CWJC No.4423 of 2016 dt.03-02-2017 2/2 which is 6180 mm (20.27559 ft). It is equal or higher than any double floors house.
20. That from perusal of the statements made in para4 and 5 of this counter affidavit the Rural Electrification Corporation has fixed and approved I meters pole under Rajeev Gandhi Vidyuti Karan Yojna for purpose of stringing over held wire of 33 KV line i.e. 29.5276 ft. cement pole where the pole is beneath the ground in pit 492 ft and height from Road side which is 6180 mm (20.2755 ft.).
21. That the contention of the petitioner seeking direction not to use a cement pole which is lesser in height is unwarranted and without any basis under the Rajeev Gandhi Rural Electrification Scheme the REC Standards prescribes 9000 mm cement Pole i.e. 29.5276 ft. which is in accordance with the Rule- 77 of the Indian Electricity Rules 1956.
3. In view of the assertion made in the counter affidavit, we do not find that any further directions are called for in the present writ application.
4. Consequently, we do not find any merit in the present writ application. The same is accordingly dismissed. (Hemant Gupta, ACJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 07.02.2017 Transmission Date N/A