Anil Kumar Jaiswal v. The North Bihar Power Distribution Company Ltd. And ORS

Patna High Court CWJC No.9531 of 2015 dt.10-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9531 of 2015 =========================================================== Anil Kumar Jaiswal S/o Late Lakshmi Prasad Gupta, resident of village + P.O. + P.S. Pakaridayal, District - East Champaran .... .... Petitioner

Versus

1. The North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna, represented through its Managing Director, the North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna

2. The Managing Director, the North Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna

3. The Superintending Engineer, the North Bihar Power Distribution Company Limited, Motihari, East Champaran

4. The Assistant Electrical Engineer, Electric Supply Sub-Division, Dhaka, East Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shri Prakash Srivastava Ms. Anu Priyadarshni, Advocates.

For the Respondents : Mr. A.K. Ojha, SC Mr. A.K. Karna, Advocate.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondents to remove the installed transformer which has been installed at the North-East Corner of the residential house of the petitioner.

3. Learned counsel for the petitioner submits that the petitioner constructed the first floor of his house in the year 2014 but later on the respondent authorities have installed a transformer in the month of July-August, 2014 at the North-East Corner of his residential

Patna High Court CWJC No.9531 of 2015 dt.10-10-2018 house. Such installation of the transformer is endangering the life and property of the petitioner as well as other residence of the locality leading to a representation being filed by several members of the locality on 16.09.2014 (Annexure-1) as well as a specific petition by the petitioner himself dispatched by Speed Post duly received in the office of the respondent no. 3.

4. Learned counsel for the respondents appears and has been heard. No counter affidavit however has been filed on their behalf.

5. Having regard to the nature of the grievance of the petitioner, this Court is of the view that the ends of justice will be met if the Superintending Engineer, North Bihar Power Distribution Company Ltd., Motihari, East Champaran (respondent no. 3) is directed to dispose of the petitioner's representation said to have been received in his office on 17.09.2014 (Annexure-2), if pending, on its own merits in accordance with law and after grant of opportunity of hearing to the petitioner, expeditiously, and in any event within a period of eights weeks from the date of receipt/production of a copy of this judgment.

6. The writ petition stands disposed of.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10.10.2018 Transmission Date N.A.