Ram Kishan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7075 of 2019 ====================================================== Ram Kishan Thakur Son of Ram Umesh Thakur Resident of Village and P.O.- Tepri, Ward No. 10, Via Piar, P.S.- Piar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Energy, Government of Bihar.

2.

The Principal Secretary, Department of Energy, Government of Bihar, Patna. 3.

The Bihar State Power (Holding) Company Limited, Vidyut Bhawan, Bailey Road, Patna.

4.

The Chairman-cum-Managing Director, the Bihar State Power (Holding) Company Limited, Vidyut Bhawan, Bailey Road, Patna. 5.

The Executive Engineer, North Bihar Power Distribution Company Limited, Patna.

6.

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

7.

Executive Engineer, Bihar Vidyut Pariyojna, Muzaffarpur. 8.

Sub-Divisional Officer, Electric Supply Division, Dholi, DistrictMuzaffarpur. 9.

Junior Electrical Engineer, Electric Supply Division, Dholi, DistrictMuzaffarpur. 10.

District Magistrate, Muzaffarpur.

11.

The Superintendent of Police, Muzaffarpur.

12.

The Sub-Divisional Officer, East Sub-Division, Muzaffarpur. 13.

The Officer-in-Charge, Haththa Police Station, District- Muzaffarpur. 14.

Satyendra Nath Thakur Son of Late Ram Sevak Thakur Resident of Village and P.O.- Tepri, Ward No.10 via Piar, P.S.- Piar, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ======================================================

Patna High Court CWJC No.7075 of 2019 dt.18-10-2022 2/3 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-10-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):- "i) A certiorari setting aside the order passed by the Respondent Electrical Executive Engineer, Electrical Supply Division, Muzaffarpur (East) dated 01.02.2019 communicated vide memo no. 195 dated 02.02.2019 whereby and whereunder the Respondent has in a very illegal, unjust, casual and mechanical manner dismissed the complaint of the petitioner filed in the light of direction and liberty granted by this Hon'ble Court vide an order dated 29.10.2018 passed in C.W.J.C. No. 6710 of ii) A Mandamus commanding and directing the Respondents concerned to remove the electric pole from the land of the petitioner forthwith and to shift the same elsewhere, either in government land or in accordance with settled law in this regard. iii) And/or any other relief or reliefs for which the petitioner is found entitled, to in the facts and circumstances of this case."

Learned counsel for the respondents, states that similar petition being C.W.J.C. No. 10609 of 2020 titled as

Patna High Court CWJC No.7075 of 2019 dt.18-10-2022 3/3 Sushma Kumari @ Sushma Devi Vs. The Managing Director South Bihar Power Distribution Co. Ltd. was disposed of by a co-ordinate bench of this Court vide judgment dated 17.01.2022, and the present petition may also be disposed of in the light of the said petition.

Learned counsel for the petitioners has no objection to the same.

In view of the same, as mutually agreed, the instant petition stands disposed of in terms of the judgment dated 17.01.2022 passed by this Court in C.W.J.C. No. 10609 of 2020 titled as Sushma Kumari @ Sushma Devi Vs. The Managing Director South Bihar Power Distribution Co. Ltd., making the directions issued therein applicable mutatis mutandi, to the extent possible also to the instant case.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date 20/10/2022 Transmission Date