Akhileswar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9397 of 2015 ====================================================== Akhileswar Prasad Singh son of Late Ram Keshwar Singh resident of village and P.O. - Dharaut, Ps. Makhdumpur, District - Jehanabad ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner Cum Secretary, Urja Energy Department , Government of Bihar, Patna.

3.

Managing Director , South Bihar Power District Co, Ltd. Patna. 4.

Deputy General Manager South Bihar, Power Distribution Co. LTD, Central Area , Borad, Patna.

5.

Superintending Engineers South Bihar, Power Distribution Co. Electrical Supply Circle , Gaya.

6.

Executive Engineer Project Executive Engineer South Bihar Distribution Co. Electrical Division Jeh ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Respondent/s :

Mr. Manoj Kumar, AC to GP 4 For the Board :

Mr. Anand Kumar Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2023 Heard learned counsel for the parties concerned. The petitioner has filed the present writ application seeking compensation for damages caused by respondent authorities to the fertile land of the petitioner by fixing electric pole for transmitting high tension electricity over the land of the petitioner situated in Khata No. 537, Plot No. 3501 (old) - area 0.81 acre, Khata No. 353, Plot No. 3590 (old) - area 0.22 acre, Khata No. 338, Plot No. 3615 (old) - area 0.40 acre (total area 1.43 acre).

Patna High Court CWJC No.9397 of 2015(5) dt.24-01-2023 2/3 Learned counsel for the petitioner submits that the petitioner has filed representation before the competent authority which has not been decided.

Learned counsel for the South Bihar Power Distribution Company Ltd. submits that he has got no objection if this court directs the competent authority to dispose the representation of the petitioner, if the same has not yet been decided.

I have heard learned counsel for the parties and perused the representations filed by the petitioner. It appears that the petitioner has filed representations before various authorities. Accordingly, in my opinion, a fresh representation should be filed by the petitioner within a period of four weeks from today before the Managing Director, South Bihar Power Distribution Company Ltd., seeking compensation. The present writ application is disposed with liberty to the petitioner to file a representation before the Managing Director, South Bihar Power Distribution Company Ltd. within a period of four weeks from today raising his claim for compensation. If such a representation is filed by the petitioner, the Managing Director, South Bihar Power Distribution Company Ltd. is directed to pass a reasoned order in accordance

Patna High Court CWJC No.9397 of 2015(5) dt.24-01-2023 3/3 with law within a period of three months from the date of filing of the representation by the petitioner.

(Anil Kumar Sinha, J) ashwani/- U