Shanti Devi v. The State Of Bihar Through District Magistrate,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3104 of 2021 ====================================================== Shanti Devi, wife of Late Kedar Nath Goswami, Resident of village - Brahampur, P.O. Brahampur, District- Buxar (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Buxar. 2.

The Bihar State Power Holding Company Limited through its Chief Managing Director.

3.

The Power Grid Corporation of India Limited through its General Manager, ER-1, Head Office, Shastri Nagar, Patna, Bihar. 4.

The Managing Direction, Bihar Grid Power Corporation, Alankar Place, Boring Road, Patna.

5.

The Managing Director, South Bihar Power Distribution company Limited. 6.

The Electric Executive Engineer, Dumraon, Buxar Division. 7.

The S.D.O., Dumraon, Buxar.

8.

The Circle Officer, Brahmpur, Buxar.

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

For the Petitioner/s :

Mr.Sumant Kumar Singh, Advocate For the Respondent/s :

Mr. Abbas Haider, SC-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 14-12-2021 The petitioner has prayed for the following relief/s :- "for issuance of a writ in the nature of

2/4 prohibition directing and commanding the respondent authorities not to erect electricity tower on the land of the petitioner on Khaa No. 88, Plot No. 2117, as by the erection of the Electricity tower there is imminent danger to the life of the petitioner and her family members.

(ii) For issuance of writ in the nature of mandamus directing and commanding the respondent authorities that in case if they are not removing the proposed tower on the land of the petitioner then in that case they should award adequate compensation to the petitioner as per the prevalent market value for causing loss to the property of the petitioner. (iii) For any other relief/reliefs for which the petitioner is entitled to.

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned i.e. respondent no. 6 namely, Electric Executive Engineer, Dumraon, Buxar Division, to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and

3/4 preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of two months from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch;

4/4 (f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits of the matter. All issues are left open;

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 23.12.2021 Transmission Date