Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11405 of 2022 ====================================================== Amar Kumar son of Indradev Prasad Chaurasia, resident of Village - Bari Malia, P.S. Gogri, District - Khagaria.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department Disaster Management, Government of Bihar, Patna.

3.

The North Bihar Power Distriction Company Ltd. through its Chairman, Bailey Road, Patna.

4.

The Deputy General Manager (personal), the North Bihar Power Distribution Company Ltd. through its Chairman, Bailey Road, Patna. 5.

The Electrical Executive Engineer, Electricity Supply Division, Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar, Advocate Mr. Md. Najmul Hodda, 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) ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ===================================================== Date : 12-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.11405 of 2022 dt.12-08-2022 2/3 Having heard learned counsel for the petitioner, we are of the considered view that the present petition only merits rejection, inasmuch as there is no admission on the part of the respondents of the property of the petitioner having been

Patna High Court CWJC No.11405 of 2022 dt.12-08-2022 3/3 destroyed in fire on account of short circuit, more so as a result of the fault on the part of the respondent department/Corporation.

Disputed questions of fact cannot be adjudicated in a writ petition filed under Article 226 of the Constitution of India. Under these circumstances, we dispose of the present petition reserving liberty to the petitioner to agitate the issue before an appropriate forum, in accordance with law. Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 16.08.2022 Transmission Date