Jitender Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12474 of 2022 ====================================================== Jitender Kumar Singh Son of Late Awadh Singh @ Abadhesh Kumar Singh, Resident of Village Bhore P.S. Mufassil, District- Gaya. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Gaya.

3.

Bihar State Electricity Board (B.S.E.B.) through the Chairman, Vidyut Bhawan, Bailey Road, Patna - 800001.

4.

The South Bihar Power Distribution Corporation Limited (SBPDCL) through Managing Director, Vidyut Bhawan, Bailey Road, Patna - 800001, Patna.

5.

The Deputy General Manager, SBPDCL, Vidyut Bhawan, Bailey Road, Patna 800001, Patna.

6.

The Sub Divisional Officer, Electricity Supply, Manpur, Gaya. 7.

The Assistant Electrical Engineer (Project) Electrical Supply Division, Manpur, Gaya.

8.

The Sub-Divisional Officer, Sadar, Gaya.

9.

The Circle Officer, Manpur, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate Ms. Rashmi Kumari, Advocate For the Respondent/s :

Mr.Yogendra Pd. Sinha, AAG-7 Mr. Rajeev Kumar Sinha, AC to AAG-7 For SBPDCL Mr. Vinay Kirti Singh, Sr. Advocate Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 01-09-2022 Petitioner has prayed for the following relief(s): "(i) To restrain the respondents for

Patna High Court CWJC No.12474 of 2022 dt.01-09-2022 2/3 installation of tower and passing overhead high tension wire through the private residential land of the petitioner.

(ii) A direction may be given to the respondent authorities to divert the over head electric lines which is 1,33,000 Volts is to be crossed over the land of the petitioner.

(iii) Any other relief/reliefs may be granted to the petitioner entitled for as per the law and land."

Learned counsel for the respondents, states that similar petition being C.W.J.C. No. 10609 of 2020 titled as Sushma Kumari @ Sushma Devi Vs. The Managing Director South Bihar Power Distribution Co. Ltd. was disposed of by a co-ordinate bench of this Court vide judgment dated 17.01.2022, and the present petition may also be disposed of in the light of the said petition.

Learned counsel for the petitioners has no objection to the same.

In view of the same, as mutually agreed, the instant petition stands disposed of in terms of the judgment dated 17.01.2022 passed by this Court in C.W.J.C. No. 10609 of 2020 titled as Sushma Kumari @ Sushma Devi Vs. The Managing Director South Bihar Power Distribution Co. Ltd., making the directions issued therein applicable mutatis mutandi, to the

Patna High Court CWJC No.12474 of 2022 dt.01-09-2022 3/3 extent possible also to the instant case.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 05.09.2022 Transmission Date