Mewalal Choudhari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.77 of 2017 ====================================================== Mewalal Choudhari Son of Late Shyam Charan Choudhary Residing at Durga Asthan Near, Sanyukt Biyapur Mandal, Post Office-Katihar, Police StationKotwali, District-Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of Electricity, Patna 2.

The General Manager, Human Resources/ Administration North Bihar Power Distribution Company Limited, Vidhut Bhawan, Baily Road, Patna 3.

The Deputy General Manager, Human Resources/ Administration North Bihar Power Distribution Company Limited, Patna 4.

Executive Engineer, Electric Supply Division, Katihar 6.

Assistant, Electric Engineer, Urban, Katihar 7.

Assistant, Electric Engineer, Rural, Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Respondent/s :

Mr.Subhash Pd. Singh- GA 3 For the SBPHC :

M/s Vinay Kriti Singh, Sr. Advocate Akhileshwar Singh Venkatesh Kirti, Advocates ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 19-11-2024

1. Heard the Learned counsel for the parties.

2. The Writ petition has been filed for quashing of order dated 20.8.2015 issued by Letter No. 1152 by Respondent No. 3 whereby grant of Compensation of burn injury was refused to the daughters of the petitioner and also direct the Respondents to pay Compensation of Rs. Five lakh each to daughters of petitioner namely, Angti Kumari and Puja Kumari who

Patna High Court CWJC No.77 of 2017 dt.19-11-2024 2/3 suffered burn injury caused due to fall of 11 KV Electric Wire near Durga Asthan.

3. At the very outset, the Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 19.03.2024 passed in CWJC No. 8470 of 2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Limited & Ors.) by this Court in which this Court has passed the order in light of a judgment passed by the Hon'ble Apex Court in the case of Chairman Grid Corporation of Orrisa Ltd. & Ors. Vs. Sukmani Das & Anr reported in (1999)-7 SCC 298 this Writ petition may also be disposed of on the same terms and conditions.

4. After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to make appropriate application for compensation before the appropriate authority.

5. Having regard to the submissions made by the Learned counsel for the petitioner, the present

Patna High Court CWJC No.77 of 2017 dt.19-11-2024 3/3 Writ petition stands disposed of in terms of the aforesaid judgment passed in CWJC No. 8470 of 2022 and also with liberty to the petitioner to avail an alternate and efficacious remedy of approaching the appropriate forum /Civil Court in accordance with law for seeking compensation as prayed for in the Writ petition. It is made clear that this Court has not expressed any opinion on the merits of the case and it is left open to the appropriate forum/Civil Court to decide the issues raised without being influenced by any of the observations made herein.

6. With the aforesaid direction the Writ petition stands disposed of.

7. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.11.2024 Transmission Date