Patna High CourtL.P.A/912/2016dismissed

Mukesh Sharma @ Rajiv Kumar v. Bihar State Electricity Board And ORS

2017-03-23Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.912 of 2016 In Civil Writ Jurisdiction Case No. 1519 of 2013 ====================================================== Mukesh Sharma @ Rajiv Kumar, Son of Suresh Rai, resident of village - Khabra, P.S. Muzaffarpur Sadar, District - Muzaffarpur. .... .... Appellant

Versus

1. Bihar State Electricity Board, Now Bihar State Power (Holding) Company Ltd. through its Chairman, Vidyut Bhawan, Bailey Road, Patna.

2. Joint Secretary, Now Bihar State Power (Holding) Company Ltd., Tirhut Area, Bihar State Electricity Board, Muzaffarpur.

3. General Manager, Now Bihar State Power (Holding) Company Ltd., Tirhut Area, Bihar State Electricity Board, Muzaffarpur.

4. General Manager, Muzaffarpur Thermal Power Station, Kanti, Muzaffarpur.

5. Superintending Engineer, Bihar State Electricity Board, Now Bihar State Power (Holding) Company Ltd., Muzaffarpur.

6. Executive Engineer, Bihar State Electricity Board, Now Bihar State Power (Holding) Company Ltd., Muzaffarpur.

7. Deputy Director, Muzaffarpur Thermal Power Station, Kanti, Muzaffarpur.

.... .... Respondents ====================================================== Appearance :

For the Appellant : M/S. Naresh Chandra Verma and Arun Kumar Lal, Advocates.

For the Respondents : M/S. Vinay Kirti Singh and Vijay Kumar Verma, Advocates.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-03-2017 The petitioner has measurably failed in both the Writ Petition and in this Letters Patent Appeal to establish that after his land was acquired for the purpose of construction of power plant in question, the petitioner was called for appointment in any

Patna High Court LPA No.912 of 2016 (4) dt.23-03-2017 2/2 capacity by the then Bihar State Electricity Board or by the authority of the Muzaffarpur Thermal Power Station, Kanti, Muzaffarpur.

Right to seek regularization would accrue only if the petitioner, prima facie demonstrates that he was even appointed by the Bihar State Electricity Board or the Muzaffarpur Thermal Power Station and this having being not established. No case is made out for interference.

The appeal is, therefore, dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) U U.K./-