Public Interest Litigation Forum Through Secretary Shashi Bhushan Kumar Advocate v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21407 of 2018 ====================================================== 1.
Public Interest Litigation Forum Through Secretary Shashi Bhushan Kumar, Advocate, Son of Late J.K. Gupta, Residernt of Lohiya Nagar, P.S. Kankarbagh, Distt.-Patna.
2.
Arti Kumari, Advocate, D/o of Late H.N.P. Gupta, Resident of Kankarbagh, P.S. Kankarbagh, Distt.-Patna.
3.
Upendra Pratap Singh, Advocate, Son of Late Mushafir Singh, Resident of North Krishanapuri, P.S. Patliputra, Distt.-Patna. 4.
Arvind Kumar, Advocate, Son of Late J.N. Singh, Resident of Lohiya Nagar, P.S. Kankarbagh, Distt.-Patna.
5.
Chandra Kishore Kumar, Advocate, Son of Sri Bajrangi Pandit, Resident of Village - Amain, P.S. Parasbigha, Distt.-Jehanabad. ... ... Petitioners
Versus
1.
The State Of Bihar through Chief Secretary, Bihar, Patna. 2.
The Registrar General, Hon'ble Patna High Court. 3.
The Principal Secretary, Department of Energy, Govt. of Bihar, Patna. 4.
The Chairman, Bihar State Electricity Board, Bihar, Patna. 5.
The General Manager, South Bihar Power Distribution Co. Ltd. (PESU) Patna.
... ... Respondents ====================================================== Appearance :
For the Petitioners :
Mr. Shashi Bhushan Kumar, Adv.
For the Respondents :
Mr. Lalit Kishore, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 01.11.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the petitioners and learned counsel for the respondents.
Petitioners have prayed for the following reliefs:
Patna High Court CWJC No.21407 of 2018(2) dt.06-01-2020 2/3 "(i) For direction the registry for exemption of Court fee in the matter of Public Interest Litigation as the same is filed not for the interest of a particular person rather it is filed in the interest of large number of society as well as wicker and innocent person. (ii) For issuance of writ of mandamus commanding the respondents for installation of switch & fuse circuit on each and every transformer as on several time when a person is victimized of the electrocution, then, it is difficult for the stop the electric flow from the wire or the area in which electrocution took place.
(iii) For installation of the guard wire just below the Main open service wire (440/11000/33000/etc volt) so that when the above wire brake down on Road, then the flow of the electricity from the broken wire automatically stopped.
(iv) For the direction to the respondents to replace the old open electric wire in the entire State specially in Patna, so that number of electrocution case is reduced."
After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioners shall be making afresh within a period of four weeks from today.
Learned counsel for the State states that upon receipt
Patna High Court CWJC No.21407 of 2018(2) dt.06-01-2020 3/3 of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioners take 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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U