Rakesh Rai @ Rakesh Kumar Roy v. The North Bihar Power Distribution Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.60 of 2020 In Civil Writ Jurisdiction Case No.2006 of 2019 ====================================================== Rakesh Rai @ Rakesh Kumar Roy Son of Bisheshwar Rai Resident of Village- Rampur Mani Tola, P.S.- Sakara, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The North Bihar Power Distribution Company Limited through its Secretary, Muzaffarpur East.

2.

The Superintending Engineer, North Bihar Power Distribution Company Limited, Muzaffarpur.

3.

The Executive Engineer, Rural, Ram Dayalu, Muzaffarpur, East Muzaffarpur.

4.

The Assistant Engineer, Electric Supply Division, Sakara Dhali Muzaffarpur. 5.

The Excell Electric Distribution, Maripur Muzaffarpur. 6.

Lakhindra Sah S/o Ram Chandra Sah R/v Rampur Mani Tola, Shankarpur, P.S.- Sakara, District- Muzaffarpur.

7.

Raj Kishore Sah S/o Lakhindar Sah R/v Rampur Mani Tola, Shankarpur, P.S.- Sakara, District- Muzaffarpur.

8.

Awad Kishore Sah S/o Lakhindar Sah R/v Rampur Mani Tola, Shankarpur, P.S.- Sakara, District- Muzaffarpur.

9.

Ram Kishore Sah S/o Lakhindar Sah R/v Rampur Mani Tola, Shankarpur, P.S.- Sakara, District- Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2022 Four weeks time is granted to the learned counsel for the petitioner to remove the defects.

This Court has heard learned counsel for the petitioner on the review petition.

By order dated 17.04.2019 passed in CWJC No.2006

Patna High Court C. REV. No.60 of 2020(3) dt.29-06-2022 2/3 of 2019, the writ application was disposed of with certain observations and directions. After going through Annexure-5 to the writ application which was a report of the Sub-Divisional Public Grievances redressal Officer, Muzaffarpur this Court noticed that the transformer in question is standing on a government land and, therefore, there is no question of directing the respondents to remove the transformer, however other directions were issued to ensure safety and security of the petitioner if any electric wire is passing over the hut of the petitioner.

While placing the review application, learned counsel for the petitioner has come out with a new plea that the transformer is standing on the land of the petitioner. Learned counsel was called upon to demonstrate from the pleadings made in the writ application as to whether any such case was set up by the petitioner in the writ application. Learned counsel is unable to show from the writ application that any statement was made by the petitioner that transformer is standing on his land, rather in paragraph '4' of the writ application it is stated that petitioner and his other brothers have built their hut on 6 decimals of land and the transformer has been installed beside the hut. No error apparent on the face of the record could be placed before this Court.

Patna High Court C. REV. No.60 of 2020(3) dt.29-06-2022 3/3 This review application has, thus, no merit. It is dismissed accordingly.

(Rajeev Ranjan Prasad, J) arvind/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.