Kamla Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10039 of 2022 ====================================================== Kamla Pandey ,Son of Late Raja Ram Pandey, Resident of Village- Masaurha, P.S.- Paliganj, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

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

The Bihar State Power Transmission Company Limited through its Managing Director, Vidyut Bhawan, Bailey Road, Patna. 4.

The Managing Director, The Bihar State Power Transmission Company Ltd., Vidyut Bhawan, Bailey Road, Patna.

5.

The Electric Superintending Engineer, Transmission Circle, Patna (West), the Bihar Power Transmission Company Limited, Barak No. 2, Rajbanshi Nagar, Patna- 23.

6.

The M/s. K.E.C. International Limited Plot No. 201, Arunim Apartment, New Patliputra Colony, Patna-23.

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

For the Petitioner/s :

Mr.Rajiv Krishna Bariar, Advocate Mr. Gyanendra Kumar Singh, Advocate For the Respondent/s :

Mr. Yogendra Prasad Sinha, AAG 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-08-2022 Petitioner has prayed for the following relief(s):- " For issuance of appropriate writ(s) or direction(s) or order(s) commanding the respondents to stop the erection of transmission tower of Power

Patna High Court CWJC No.10039 of 2022 dt.05-08-2022 2/3 line through the agricultural land of the petitioner by diverting the approved route of the power transmission line by making a loop structure against the straight line under the influence of the local person without issuing notice to the petitioner by the executing agency of the respondent electric department affecting the livelihood of the petitioner and his family members, for which the petitioner is entitled to."

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

Patna High Court CWJC No.10039 of 2022 dt.05-08-2022 3/3 extent possible also to the instant case.

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

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 11.08.2022 Transmission Date