M/S Maha Laxmi Service Station And ANR v. Bihar State Power Holding Company Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21368 of 2014 ======================================================
1. M/s Maha Laxmi Service Station. Situated at Mouza-Suitha, P.S.- Parsa Bazar, District - Patna on N.H. 83 through its proprietor Smt. Minu Savarkar.
2. Smt. Minu Savarkar Proprietor M/s Maha Laxmi Service Station situated at Mouza-Suitha, P.S.- Parsa Bazar, District - Patna on N.H. 83. .... .... Petitioner/s
Versus
1. Bihar State Power Holding Company Ltd. Patna through its Chairman having its office in Vidhyut Bhawan, Bailey Road, Patna - 800001.
2. The Chairman, Bihar State Power Holding Company Ltd. Patna having its office in Vidhyut Bhawan, Bailey Road, Patna - 800001.
3. Managing Director, South Bihar Power Distribution Company Ltd., Vidhyut Bhawan, Bailey Road, Patna - 800001.
4. The General Manager-cum-Chief Engineer, Central Area Board, having its office at Daroga Rai Path, Patna.
5. Electrical Superintending Engineer, Patna Electrical Supply Circle, Patna.
6. Electrical Executive Engineer, Masaurhi. Patna.
7. Electrical Assistant Engineer, Punpun Sub Division, Patna. .... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr. Abhinay Raj, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-01-2015 Mr. Abhinay Raj for the petitioners and Mr. Anand Kumar Ojha for the respondent company as well as distribution company are present.
Although the matter has been listed under the heading 'For orders (on petitions) to consider the interim prayer made by the petitioner but taking note of the fact that the pleadings are complete hence with the consent of the parties the writ petition itself has been taken up with a view to its final disposal. A counter affidavit has been filed after service on
Patna High Court CWJC No.21368 of 2014 (3) dt.19-01-2015 counsel for the petitioners which is taken on record. The writ petition has been filed inter alia for a direction to the respondents not to put a high tension wire crossing the petrol pump of the petitioners. The counter affidavit in paragraph5, 6 and 7 filed by the legal supervisor of the respondent company inter alia states that the proposed 11 K.V. wire would not be passing over the petrol pump and that it would pass mostly through the government land and would be carried out in accordance with law.
In view of the categorical statement made in the counter affidavit, the apprehension expressed by the petitioners does not survive and the writ petition is accordingly disposed of. (Jyoti Saran, J) S.Sb/- U