Randhir Kumar Singh @ Randheer Kumar Singh v. The Managing Director-Cum- Chairman, North Bihar Power Distribution,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13074 of 2023 ====================================================== Randhir Kumar Singh @ Randheer Kumar Singh S/o Late Ramchandra Singh Resident of Village and P.O.- Veerpur Singhara Buzurg, P.S.- Singhara, District- Vaishali, Bihar.
... ... Petitioner/s
Versus
1.
The Managing Director-Cum- Chairman, North Bihar Power Distribution, Company Limited, P.S. Kotwali, District- Patna. 2.
The Assistant Electric Engineer, Mahua, Vaishali Division, North Bihar Power Distribution Company Limited, P.S.- Mahua, District- Vaishali. 3.
The Junior Electric Engineer, Mahua, Vaishali Division, North Bihar Power Distribution Company Limited, P.S.- Mahua, District- Vaishali. 4.
The Sub Divisional Officer, Mahua, Vaishali Division, North Bihar Power Distribution Company Limited, P.S.- Mahua, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Adv.
For the Respondent/s : Mr. Vikash Chandra Srivastava, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned counsel appearing for the respondents (NBPDCL).
2. The petitioner has filed the present writ application for a direction to resplendent Nos. 4 and 5 to remove the Electric Transformer from the land of the petitioner.
3. Learned counsel for the petitioner submits that the petitioner is the owner of the land pertaining to Khata No.203, Khesra No. 633 situated at village, Singhara, Ward No. 9 P.S.- Mahua, Vaishali, Bihar which was purchased
Patna High Court CWJC No.13074 of 2023(5) dt.06-03-2024 2/3 by the mother of the petitioner by virtue of a sale deed date dated 03.09.2008. The erstwhile Electricity Board (now NBPDCL) had installed a transformer on the land of the petitioner prior to purchase of the land by his mother. The transformer in question is defunct and is not functioning.
4. Learned counsel further submits that the petitioner has made several requests before the respondentNorth Bihar Distribution Company Ltd. for removal of the transformer from his land and also deposited inspection charges to the tune of Rs. 14431.88/-but the Distribution Company has given exorbitant estimate for removal of the defunct transformer from the land in question.
5. Learned counsel appearing for the respondent -NBPDCL on the basis of a letter contained in Memo No. 557 dated 04.03.2024 issued by the Electrical Executive Engineer, Electrical Supply Division, Mahua, Vaishali, submits that the petitioner can get the transformer shifted/removed through a licensee contractor if the petitioner is not willing to pay the estimated amount to the distribution company for removal/shifting of the transformer.
6. Learned counsel for the petitioner agrees to
Patna High Court CWJC No.13074 of 2023(5) dt.06-03-2024 3/3 the proposal of the respondent- Company and he is ready to get the transformer shifted/removed from the land through a licensee contractor.
7. In such view of the matter and taken note of the consent of the parties, the writ application is disposed with liberty to the petitioner to remove/shift the transformer from his land through a licensee contractor as early as possible.
8. It is made clear that the respondent-Company shall not create any impediment in shifting/removal of the transformer from the land of the petitioner.
(Anil Kumar Sinha, J) brajesh/- U