Sarita Devi v. The State Of Jharkhand And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7099 of 2016 ====================================================== Sarita Devi Wife of Dilip Sav, Resident of Rajapur, P.O. - GPO, P.S. - Sri Krishnapuri, Patna.

Permanent Address - Village - Gangi, P.S. - Petarwar, P.O. - Petarwar, District - Bokaro Jharkhand. At present residing at Rajapur, P.O. - GPO, P.S. Sri Krishnapuri, District Patna.

... ... Petitioner/s

Versus

1.

The State Of Jharkhand through Secretary Jharkhand State Electricity Board, Ranchi.

2.

Superintending Engineer, Electricity Board, Bokaro. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar @ Alok Kr Shahi, Advocate Ms. Richa Rajiv Singh, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner. Nobody appears on behalf of the respondents.

2. The petitioner in the present writ petition has prayed for the grant of following reliefs:

"(i) Issuance of Writ in the nature of Mandamus for directing the respondents to pay compensation of Rs. 20,0000/- for the death of the Dilip Saw.

(ii) For directing the respondents to act upon

Patna High Court CWJC No.7099 of 2016(3) dt.19-06-2025 2/3 the representation filed by the petitioner for compensation.

(iii) For any other consequential reliefs for which the petitioners are entitled during course of hearing of this writ petition, and in the facts of this case."

3. The issue as to whether payment of compensation can be agitated in writ jurisdiction has already been well settled by several judgments of this Court. One such being that of Manju Devi vs. The Principal Secretary, Department of Energy, Vidut Bhawan, Patna & Ors. in CWJC No.8753 of 2021 in which the Judgment-cum-Order was passed on 10.07.2004 holding that matters relating to compensation can only be agitated before appropriate Civil Court and that writ would not be maintaining.

4. Learned counsel for the petitioner submits that the petitioner is willing to withdraw the present writ application if this Court grants liberty to the petitioner to pursue his remedy before the appropriate civil court in light of the aforesaid judgment of this Court.

5. As prayed for, the learned counsel for the petitioner is permitted to withdraw the present writ application with liberty to approach the appropriate Forum/Civil Court for seeking necessary compensation.

Patna High Court CWJC No.7099 of 2016(3) dt.19-06-2025 3/3

6. With the aforesaid liberty granted the present writ application is disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U