Saroj Devi And ORS v. The Bihar State Electricity Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14572 of 2014 ======================================================

1. Saroj Devi W/o Late Suresh Chandra Upadhyay Retired Typist, Electricity Supply Division (Power House), Bihar State electricity Board, Bettiah, west Champaran.

2. Silky Kumari Minor D/o Late Suresh Chandra Upadhyay

3. Milky Kumari Minor D/o Late Suresh Chandra Upadhyay

4. Ashish Kumar Minor S/o Late Suresh Chandra Upadhyay Petitioner Nos. 2 to 4 through their mother and guardian Saroj Devi (The Petitioner No. 1) all residents of Mohalla haribatika Pokhra, P.S. Bettiah Muffasil, District West Champaran.

.... .... Petitioner/s

Versus

1. The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Belley Road, Patna.

2. The Secretary, Bihar State Electricity Boad, Vidyut Bhawan, Belley Road, Patna.

3. The Superintending Engineer, Bihar State Electricity Board, Supply Division, Bettiah, West Champaran.

4. The Superintending Engineer, Bihar State Electricity Board, Supply Circle, Motihari, East Champaran.

5. The Chief Managing Director, North Bihar Power Holding Distribution Pvt. Limited, (Bihar State Electricity Board), Belley Road, Patna.

6. The Managing Director, North Bihar Power Holding Distribution Pvt. Limited (Bihar State Electricity Board), Belley Road, Patna.

7. The Deputy General Manager, Area Board, Bihar State Electricity Board, Muzaffarpur.

8. The General Manager (Personnel), Area Board, Bihar State Electricity Board, Muzaffarpur.

9. Tara Devi 1st W/o Late Suresh Chandra Upadhyay Resident of Mansa Raut Tola, Haribatika, Ward No. 30, P.S. Bettiah Muffasil, District West Champaran.

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

For the Petitioner/s : M/S. Umesh Chandra Verma & Sanjay Kumar Pandey For the Respondent Nos.1 to 8 : Mr. Vinay Kirti Singh & Mrs. Nivedita Nirankar For Respondent no.9 : M/S Binay Kant Mani Trpathi, Ajay Kumar Mishra &Miss Ajita ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

7Patna High Court CWJC No.14572 of 2014 (7) dt.05-05-2016 2/2 05-05-2016 Any claim against the Power Holding Company on behalf of the present set of petitioners, who are the second wife and off-springs from the second wife, can only be made by a proper declaration of civil court of competent jurisdiction. This Court is not inclined to pass any order in favour of the petitioners in the writ jurisdiction.

The petitioners are free to approach the civil court for whatever claim which they would like to raise against respondent no.9 or the estate of the late husband.

The writ petition is dismissed.

(Ajay Kumar Tripathi, J) B.K.Roy/- U