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Patna High CourtCWJC/15813/2022disposed

Kusum Kumari v. The State Of Bihar

2022-11-24The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15813 of 2022 ====================================================== Kusum Kumari wife of Ramesh Kumar resident of Village and Post Majhaura, Police Station Sursand District Sitamarhi, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Energy Department, Government of Bihar, Patna. 3.

The District Officer, Sitamarhi.

4.

Bihar State Power Transmission Company Limited, Transmission Subdivision, Pupari, District Sitamarhi.

5.

The Electric Executive Engineer, Transmission Division, Bihar State Power Transmission Company Limited, Sitamarhi.

6.

The Assistant Executive Engineer, Transmission Subdivision, Pupari, Bihar State Power Transmission Company Limited, District Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Respondent/s :

Mr.Abbas Haider (SC6) Mr. Ravish Chandra, AC to SC-6 For BSPTCL : Mr.Vinay Kirti Singh,Sr. Advocate Mr. Vijay Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-11-2022 Petitioner has prayed for the following relief(s): "For issuance of writ/writs, order/orders, direction/directions to the

Patna High Court CWJC No.15813 of 2022 dt.24-11-2022 2/3 respondents to stop the work of construction of 132 K.V. Double Circuit Transmission Line going over head the building of the petitioner bearing Khata No. 1842 Plot No. 4677 area 11 decimals situated in village Sursand, Police station Sursand District Sitamarhi which is the purchased land of the petitioner."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.

It stands clarified that all issues of fact and law are

Patna High Court CWJC No.15813 of 2022 dt.24-11-2022 3/3 left open to be agitated by the competent authority. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 25.11.2022 Transmission Date