Smt. Kanchan Devi v. The Principal Secretary Dept. Of Energy And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2695 of 2017 ====================================================== Smt. Kanchan Devi Wife of late Karu Singh @ Birendra Singh Resident of Village- Primary School Jahana, Bhanail Lodipur, P.S.- Akbarpur, DistrictNawada. ... ... Petitioner/s

Versus

1.

The Principal Secretary Dept. Of Energy , Vidyut Bhawan, Patna 2.

The M.D. , South Bihar Power Building Company , Bailey Road , Vidyut Bhawan, Patna.

3.

Electric Inspector South Bihar Power Holding Company, Vidyut Bhawan, Bailey Road, Patna.

4.

Electric Superintending Engineer, South Bihar Power Holding Company, Bhojpur.

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

For the Petitioner/s :

M/s Archana Sinha & Shahi Richa Rajiv Singh Shubham Shankar, Advocates For the State :

Mr. Shiv Kumar, AC to GA 3 For the SBPHC :

M/s Anand Kumar Ojha Ashok Kumar Karn, Advocates ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 25-11-2024

1. Heard learned counsel for the parties.

2. The writ petition has been filed for issuance of Writ in the nature of mandamus for directing the Respondent authorities to pay compensation of Rs. 10 lakhs for the death of the deceased husband of the petitioner due to the fault of the South Bihar Power Holding Electricity Company.

3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 19.03.2024 passed in CWJC No. 8470 of

Patna High Court CWJC No.2695 of 2017 dt.25-11-2024 2/3 2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Limited & Ors.) by this Court in which this Court has passed the order in light of a judgment passed by the Hon'ble Apex Court in the case of Chairman Grid Corporation of Orrisa Ltd. & Ors. Vs. Sukmani Das & Anr reported in (1999)-7 SCC 298 this writ petition may also be disposed of on the same terms and conditions.

4. After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to make appropriate application for compensation before the appropriate authority.

5. Having regard to the submissions made by the learned counsel for the petitioner, the present writ petition stands disposed of in terms of the aforesaid judgment passed in CWJC No. 8470 of 2022 and also with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such petition is filed, the same is expected to be disposed of expeditiously by the learned court below.

6. With the aforesaid direction the writ petition stands disposed of.

7. Interlocutory Application, if any, shall stands

Patna High Court CWJC No.2695 of 2017 dt.25-11-2024 3/3 disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.11.2024 Transmission Date