Om Raut v. The North Bihar Power Distribution Company Through The Chairman Cum M. D. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15941 of 2017 ====================================================== Om Raut Son of Ram Chandra Raut, Resident of Mohalla- J.P. Colony, Ward No.15, Surat Ganj, P.S- Madhubani Town, District- Madhubani. ... ... Petitioner/s
Versus
1.
The North Bihar Power Distribution Company Through The Chairman Cum M. D. North Bihar State Power Holding Company Limited, Baily Road, Patna 2.
The D.G.M. cum O.S.D. Electric Supply Division Lalbag, Darbhanga, P.O.- Lalbag, P.S.- Mithila University, District Darbhanga 3.
The Executive Engineer, Electric Supply Division, Madhubani P.O.P.S.- Madhubani, District- Madhubani 4.
Assistant Engineer, Electric Supply Division atP.O.P.S.- Madhubani, District- Madhubani.
5.
The Junior Engineer, Electric Supply Division atP.O.P.S.- Madhubani, District- Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Respondent/s :
Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 08-09-2025
1. The petitioner has filed the instant application for the following reliefs:
"(i) To issue a Writ in the nature of mandamus to command the respondents authorities to remove the transformer of Electricity, situated infront of the house and shop of the petitioner, which has been shifted for A.T.C. Tower (Mobile Tower) and same is
2/4 about 300 meter for from the said tower and due to the said transformer the life of the petitioner and his family members as well as local people is under danger as same has blasted earlier and hand of the daughter of the petitioner burnt and further for direction the respondents authorities to shifted the said transformer of electricity under the boundary of said Tower of mobile as there is general rule is that transformer of Electricity is shifted under the same boundary wherein Tower of mobile situated."
2. Heard the Learned counsel for the petitioner as well as the respondents.
3. At the very outset, the 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 &
3/4 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 Power Grid Corporation of India Ltd. 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 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. 17625 of 2016 (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such petition has to be filed within a period of four weeks from the date of receipt of copy of this order, which shall be examined and considered on merits by the appropriate court as expeditiously, as possible.
4/4
6. With the aforesaid direction the writ petition stands disposed of.
7. Interlocutory Application, if any, shall stands disposed of.
(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.09.2025 Transmission Date