Smt. Sunful Devi v. The M. D., South Bihar Power Holding Company And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2940 of 2017 ====================================================== Smt. Sunful Devi Wife of Girani Ravidas, Resident of Village- Bhanail Panchayat, Bhanail Lodipur, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s
Versus
1.
The M. D., South Bihar Power Holding Company and Anr 2.
Electric Inspector, South Bihar Power Holding Company, Baily Road, Vidyut Bhawan, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar @ Alok Kr Shahi, Advocate For the Respondent/s :
Mr. Anand Kumar Ojha, Sr. Advocate Mr. Ashok Kumar Karna, Advocate Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-04-2025 Heard the learned counsel appearing for the parties.
2. The present writ application has been filed by the petitioner for directing the respondents to pay compensation of Rs.10 lakhs for the death of her deceased son which she alleges happened due to the fault of the South Bihar Power Holding Electricity Company.
3. At the very outset the learned counsel appearing for the respondents contended that this matter is squarely covered by the order dated 19.03.2024 passed in CWJC No.8470 of 2022 (Nizamuddin Ansari vs. The Bihar State Power Holding Company Limited & Ors.) passed by this Court in which this Court has taken notice of the judgment passed by the Hon'ble Apex Court in the case of Chairman Grid Corporation of
Patna High Court CWJC No.2940 of 2017(3) dt.17-04-2025 2/3 Orrisa Ltd. & Ors. Vs. Sukmani Das & Anr. reported in (1999) 7 SCC 298 and disposed of the writ application granting liberty to the petitioner to avail an alterne and efficacious remedy of approaching the Civil Court in accordance with law for seeking compensation for the death of the son of the petitioner.
4. Learned counsel appearing for the petitioner accepts this legal position and he has also produced a copy of the judgment dated 12.11.2024 passed in CWJC No.19247 of 2016 (Rinku Devi vs. The State of Bihar & Ors.) in which again this Court had disposed of a similar case relying on the earlier judgment dated 19.03.2024 passed in CWJC No.8470 of 2022.
5. Having regard to the submissions made by the learned counsel for the petitioner and learned counsel appearing for respondents, the present writ application stands disposed of in terms of the aforesaid judgment passed in CWJC No.8470 of 2022 (Nizamuddin Ansari vs. The Bihar State Power Holding Company Limited & Ors.) and also taking notice of the judgment dated 12.11.2024 passed in CWJC No.19247 of 2016 granting liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court. In case any such petition is filed, the same is expected to be disposed of
Patna High Court CWJC No.2940 of 2017(3) dt.17-04-2025 3/3 expeditiously by the learned court below.
6. With the aforesaid direction the present writ application stands disposed of.
7. The interlocutory application pending, if any will also stands disposed of.
(Alok Kumar Sinha, J) Prakash Narayan U