Sunaina Devi v. The M D Morth Bihar Power Distribution Company Ltd And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5001 of 2015 ====================================================== Sunaina Devi wife of Jhimi Lal Sah, residence of village- Dudhala Krishi Farm, P.S.- Sonepur, P.O.- Sonepur, District- Saran Bihar. ... ... Petitioner/s

Versus

1.

The M D Morth Bihar Power Distribution Company Ltd 2.

Electric Inspector NBPHC Ltd. B.S.E.B, Vidyut Bhawan, Bailey Road, Patna.

3.

Superintending engineer, Electricity Board NBPHC LTD., Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-06-2025 Heard the parties.

2. The present writ application has been filed by the petitioner for grant of following relief :- "(i) Issuance of writ in the nature of Mandamus for directing the respondents to pay compensation for the death of the Pinky Devi.

(ii) For directing the respondents to act upon 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 under consideration, i..e, whether writ is maintainable for grant of compensation is no more res-integra. In the case of Manju Devi Vs. the Principal Secretary, Department of Energy, in C.W.J.C. No. 8753 of 2021, a

Patna High Court CWJC No.5001 of 2015(2) dt.19-06-2025 2/2 coordinate Bench of this Court by order dated 10.07.2024 has already held and decided that matter relating to grant of compensation can only be decided by appropriate forum/Civil Court and for that a writ application would not be maintainable.

4. In view of the aforesaid judgment of a coordinate Bench of this Court, learned counsel for the petitioner prays to withdraw the present writ application seeking the liberty to approach the appropriate forum.

5. With the aforesaid liberty granted to the petitioner, this writ application stands disposed of.

6. All pending Interlocutory applications shall automatically stand disposed of.

(Alok Kumar Sinha, J) sanjeev/- U