Patna High CourtCWJC/7194/2015disposed

Lakhrajia Devi v. The State Of Bihar And ORS

2018-11-02Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7194 of 2015 =========================================================== Lakhrajia Devi, W/o late Nagina Ram r/o Village- Mubarakhpur, P.S.- Siswan, District - Siwan.

.... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Siwan.

3. The Executive Engineer, Electricity Division, Siwan.

4. The Assistant Engineer, Gramin Electric Supply Electricity Sub-division, Siwan

5. The Circle Officer, Siswan, Block- Siwan.

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

For the Petitioner : Mr. Yogendra Prasad Sinha, Advocate For Power Company : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Mr. Akhileshwar Singh, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-11-2018 Heard learned counsel for the petitioner as well as learned senior counsel for the respondent-Power Corporation.

2. The present writ petition has been filed for restraining the respondents from passing any electric wire over the domicile land of the petitioner for supply of the electric energy.

3. Learned counsel for the respondents states that the issues in the present writ petition now stand resolved in view of the judgment of the Hon'ble Supreme Court in Civil Appeal No. 10951 of 2016 (The Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited and others) and analogous cases, inter alia,

Patna High Court CWJC No.7194 of 2015 dt.02-11-2018 2/2 observing in paragraph-21 of the said judgment that the Telegraph Authority would be obliged to pay full compensation to all persons interested for any damage sustained by them. It has further been observed in paragraph-26 of the judgment that the appropriate course of action is to file a Suit before the concerned District Judge for the purpose.

4. In the above view of the matter, the writ petition stands disposed of in the light of the aforesaid judgment of the Hon'ble Supreme Court in Civil Appeal No. 10951 of 2016 (The Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited and others) and analogous cases.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 06.11.2018 Transmission Date N.A.