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Patna High CourtCWJC/19537/2013withdrawn

Harihar Ram @ Harihar Mochi v. The Union Of India And ORS

2016-06-24Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19537 of 2013 =========================================================== Harihar Ram @ Harihar Mochi Son Of Late Gopi Ram Resident Of VillageHasanpur Surat, (Pattori Bazar), P.S.- Pattori, District- Samastipur .... .... Petitioner/s

Versus

1. The Union Of India, Through The Ministry Of Railways Its Chairman, Railway Board, New Delhi

2. The General Manager, East Central Railaway, Hajipur

3. The Divisional Railway Manager, Sonepur

4. The State Of Bihar, Through The Principal Energy Secretary, Govt. Of Bihar, Patna

5. The Principal Secretary, Land Reforms Department, Govt. Of Bihar, Patna

6. The Chairman, Bihar Pollution Control Board, Bihar, Patna

7. The Secretary, Bihar Pollution Control Board, Bihar, Patna

8. The Chairman, Bihar Electricity Board, Patna

9. The Secretary, Bihar Electricity Board, Patna

10. The Commissioner, Darbhanga Pramandal, Darbhanga

11. The District Magistrate, Samastipur

12. The Superintendent Of Police, Samastipur

13. The Land Reforms Deputy Collector, Samastipur

14. The Executive Engineer (Electricity), Dalsingsarai, Samastipur

15. The Sub-Divisional Magistrate, Pattori, Samastipur

16. The Sub Divisional Police Officer, Pattori, Samastipur

17. The Block Development Officer, Pattori, Samastipur

18. The Circle Officer, Pattori, Samastipur

19. The Station House Officer, Pattori P.S., Samastipur

20. The Aparna Cold Storage Through Its Owner Sri Abhay Shanker Choudhary And Sri Uday Shankar Choudhary Both Are Sons Of Late Bishnu Gajadhar Choudhary Resident Of Mohalla- Pattori Bazar, P.S.- Pattori, District- Samastipur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. DILIP KUMAR ROY For the Respondent/s : Mr. SHYAM KISHOR SHARMA =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 24-06-2016 Heard the counsel for the petitioner and Mr. Shivendra Kishore for respondent nos. 6 and 7.

The petitioner filed this writ petition in 2013 objecting laying of the 11,000 Volts of electric wire line alleging that it is dangerously close to the

Patna High Court CWJC No.19537 of 2013 dt.24-06-2016 2/2 house of the petitioner. The laying of the electric line would be hazardous to his life. The jurisdiction of the respondents to lay the electric line in the alignment by fixing electric poles has, however, not been challenged. The writ application was filed in 2013 and what is the current status is not explained to the Court. Mr. Shivendra Kishore, the counsel appearing for the respondents has also taken a similar stand and submitted that the writ application, prima facie, appears to have become infructuous. However, if the petitioner has any grievance against such laying of electric transmission structure, he may file his grievance before appropriate authority for consideration. The counsel for the petitioner, after making submissions at some length, sought permission to withdraw this writ application with a leave to file appropriate representation before the concerned authority for consideration in accordance with law.

The writ application is permitted to be withdrawn with the said liberty.

(Kishore Kumar Mandal, J) HR/- U