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Patna High CourtCWJC/5516/2019dismissed

Puja Devi v. The State Of Bihar And ORS

2025-05-07Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5516 of 2019 ====================================================== Puja Devi W/o Late Mukesh Paswan @ Mukesh Kumar R/o Village-Badi Kewai Daniawan, P.S.-Sahjahanpur, District-Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of Energy, Govt. of Bihar, Patna 2.

The Secretary, Bihar State Electricity Board, Patna 3.

The Electrical Executive Engineer Fatuha Supply Division, District-Patna 4.

The Junior Electrical Engineer Electric Supply Section Fatuha (R), Fatuha, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr.Abbas Haider (SC6) For the Res. Nos. 2-4 :

Mr. Ajit Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-05-2025 Today when the matter was taken up at 12:30 pm., one of the Counsel has prayed for an adjournment on account of engagement of the learned Advocate for the petitioner in other Court; thus this Court directed to call this matter at 1:00 pm.

2. At 1:00 pm. Despite repeated calls, none had appeared on behalf of the petitioner.

3. Mr. Ajit Kumar Sinha, learned Advocate for the South Bihar Power Distribution Company Limited as well as the learned Advocate for the State are present.

4. On the last occasion, when the matter was taken up on 30.04.2025, there was no representation on behalf of the petitioner. Today also the position is same. This Court, while hearing the matter on the last occasion, had categorically observed as follows:

Patna High Court CWJC No.5516 of 2019(9) dt.07-05-2025 2/2 "x x x x x

4. A counter affidavit has been filed on behalf of the respondent nos. 2 to 4. It is specifically averred in paragraph no.5 thereof that the present writ is not maintainable in view of the fact that the husband of the petitioner, who died due to electrocution on 09.02.2018, was neither an employee of the Energy Department nor the employee of the South Bihar Power Distribution Company Limited. It is further contended that there is no provision in the Bihar State Power Holding Company Limited, South Bihar Power Distribution Company Limited and the State Electricity Board to appoint any dependent of a staff of outsourcing agency providing services to South Bihar Power Distribution Company Limited/any of the rest four Companies on compassionate ground in cases of death due to electrocution.

x x x x"

5. Considering the fact that the matter is running on Board since 2019 and the counter affidavit came to be filed on 19.06.2019 but there is no response; the writ petition stands dismissed on account of non-prosecution.

(Harish Kumar, J) Anjani/- U