Upendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11719 of 2019 ====================================================== 1.

Upendra Kumar Sharma S/o Ramchandra Sharma Vill.- Yamuna Vihar (Near Tulsi Chowk, Khairatoli), P.o.- Mittan Chak, P.s.- Parsa Bazar, Distt.- Patna 2.

Dhirendra Kumar Sharma S/o Ramchandra Sharma Vill.- Yamuna Vihar (Near Tulsi Chowk, Khairatoli), P.o.- Mittan Chak, P.s.- Parsa Bazar, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Energy, Bihar, Patna 2.

The Bihar State Power Holding Company Limited through its Chairmancum-Managing Director, Electricity Building, Bailey Road, Patna 3.

The Chairman-cum-Managing Director South Bihar State Power Holding Company Limited, Electricity Building, Bailey Road, Patna 4.

The Managing Director South Bihar State Power Holding Company Limited, Electricity Building, Bailey Road, Patna 5.

The Electrical Executive Engineer (Rural0 Kankarbagh, Patna 6.

The Assistant Electrical Engineer Electric Sub Division, Ram Krishna Nagar, patna 7.

The Junior Electrical Engineer Ram Krishna Nagar, patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Advocate For the Respondent/s :

Mr. Indeshwari Prasad, AC to GP 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 29-11-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):- "(i) To issue an appropriate writ/s, order/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the

Patna High Court CWJC No.11719 of 2019 dt.29-11-2022 2/3 respondents to shift the route of 2,20,000 K.V.A. transmission lines in some other place other than place where the residential house of the petitioners situate.

(II) To direct the respondents to make suitable and adequate compensation to the petitioners in the event of demolition of their residential house due to crossing of 2,20,000 K.V.A. transmission lines near the house of the petitioners.

(III) To any other relief/s to which the petitioners are entitled in the facts and circumstances of the case."

After the matter was heard for some time, learned counsel for the petitioners, under instructions, states that petitioners shall be content if the petitioners' representation, which is pending before Respondent No. 3, namely, The Chairman-cum-Managing Director South Bihar State Power Holding Company Limited, Electricity Building, Bailey Road, Patna is directed to be disposed of on expeditious basis. Shri Vinay Kirti Singh, learned senior counsel for the respondents states that if the request is yet pending consideration, needful be positively done within the next two months.

Statement accepted and taken on record.

Needless to add, order already passed/which would be

Patna High Court CWJC No.11719 of 2019 dt.29-11-2022 3/3 passed shall be supplied to the petitioner.

Liberty is reserved to the petitioners to take appropriate action in accordance with law.

We have not expressed any opinion on merits of the matter. All issues are left open.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( Partha Sarthy, J) Spd/-Sujit AFR/NAFR CAV DATE Uploading Date 30.11.2022 Transmission Date