Ashok Mallah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14292 of 2017 ====================================================== 1.

Ashok Mallah 2.

Umesh Mallah Both Sons of late Dukha Mallah 3.

Smt. Rita Devi Wife of Pappu Mallah All are Resident of Village- Kunwari, Jiwachhpur, Gram Panchayat-Ramnagar Farsahi Milik, Ward NO. 7, P.S. Manmankhi, District- Purnea.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Energy Deptt. -Cum-Second Appellate Authority, Govt.of Bihar, Patna.

3.

The Divisional Commissioner-Cum-First Appellate Authority, Purnea Division, Purnea.

4.

The District Magistrate, Purnea.

5.

The District Public Complain Redressal Officer, Purnea. 6.

The S.D.O. Banmankhi, Purnea.

7.

The Superintendent of Police, Purnea.

8.

The Deputy Superintendent of Police, Banmankhi, Purnea. 9.

The Officer-in-ChargeS.H.O, Banmankhi, P.S. Purnea. 10.

The Managing Director Power Distribution Company Limited, Patna, Bihar. 11.

The Superintendent EngineerElectrical, Purnea Division, Purnea. 12.

The Electrical Executive Engineer, Bihar State Power Transmission Company Limited, Purnea Division, 13.

The Electrical Executive Engineer, Transmission Division, Purnia. 14.

The Assistant Electrical Engineer, Transmission Division Banmankhi Purnea.

15.

The Bajaj Electricals Limited , through its Manager, 16.

The Assistant Manager, Bajaj Electricals Limited , Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen, Adv.

For the Respondent/s :

Mr.Subodh Prasad Singh - GA3 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 30-07-2025

1. Heard the Learned counsel for the petitioner as well as the Learned counsel for the

2/4 respondents.

2. The petitioner has filed the instant Writ petition for the following reliefs:

A) "For the issuance of appropriate writ/writs, order/orders, direction/directions to the concerned Respondent authorities to immediately remove/shift the high tension overhead electricity wire passing through the residential house of petitioners.

B) For the issuance of appropriate writ/writs, order/orders, direction/directions to the concerned Respondent authorities to fix the responsibility and accountability of the person concern who is responsible for the said overhead high tension electricity wiring despite all possible efforts by the petitioners by filing applications /representations before the authorities concern to stop the said overhead electricity wiring but no action has been taken on the applications filed by the petitioners.

C) For direction to pay the cost of litigation as well as compensation for the mental, physical and economical harassment/agony due to overhead wiring and electrification of high tension

3/4 wire above the residential house of petitioners.

D) For any other relief/reliefs to which the petitioners are found entitled under the facts and circumstances of the present case."

3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 26.06.2024 passed in CWJC No. 17625 of 2016 (Lalmuni Devi Vs. The State of Bihar & Ors.) by this Court, in which this Court has passed the order in light of the judgment passed by the Hon'ble Apex Court in the case of the The Power Grid Corporation of India Limited vs Century Textiles & Industries Ltd & Ors. reported in 2017(2) PLJR (SC) 152, 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 file appropriate application for compensation before the appropriate forum.

5. Having regard to the submissions

4/4 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. 17625 of 2016 (supra) in light of the judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned District Judge and in case, any such petition is filed within a period of two months from the date of receipt of copy of this order, the same shall be examined and considered on merits by the appropriate forum and shall be disposed of expeditiously.

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

7. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) AMANDEEP/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.07.2025 Transmission Date