Ashok Kumar Sharma And ORS v. South Bihar Power Distribution Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.485 of 2017 ====================================================== 1.

Ashok Kumar Sharma and Ors S/o Late Jai Krishna Sharma. 2.

Amit Kumar 3.

Subhan Kumar @ Shubham, Petitioner No. 2 and 3 are S/o Ashok Sharma All Resident of VillageLoshghani, P.S.-Pri Bazar, District-Lakhisarai. ... ... Petitioner/s

Versus

1.

South Bihar Power Distribution Company Ltd. , Vidyut Bhawan, Bailery Road, Patna through its Managing Director 2.

Managing Director, South Bihar Power Distribution Company Ltd, Vidyut Bhawan, Bailey Road, Patna 3.

Executive Engineer, South Bihar Power Distribution Company Ltd. Lakhisarai 4.

Sub-Divisional Officer, South Bihar Power Distribution Company Ltd, Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 12-11-2024

1. Heard learned counsel for the parties.

2. The writ petition has been filed for directing the Respondent to pay adequate compensation to the petitioners for their acts of negligence resulting in death of Sudha Sharma and a job on compassionate grounds to her dependents.

3. At the very outset, 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

Patna High Court CWJC No.485 of 2017 dt.12-11-2024 2/3 2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Ltd. & 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 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 seek necessary compensation by approaching the concerned Civil Court and in case, any such petition is filed, the same is expected to be disposed of expeditiously by the learned court below. It is needless to state that in case, appropriate petition is filed within a period of four weeks from today, the same shall be examined and considered on merits by the appropriate court and shall dispose of the case preferably within four months.

Patna High Court CWJC No.485 of 2017 dt.12-11-2024 3/3

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 13.11.2024 Transmission Date