Shri Ram Niwas Paswan v. The Managing Director, S B P D C Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5921 of 2018 ====================================================== Shri Ram Niwas Paswan Son of Late Laxman Paswan, Resident of VillageBairi, P.S.- Etadhi, District- Buxar, Bihar. ... ... Petitioner/s

Versus

1.

The Managing Director, S B P D C Ltd. Second Floor Vidyut Bhawan, Bailey Road, Patna, Bihar 2.

The Principal Secretary, Electricity Department, SBPDC Ltd., Patna, Bihar. 3.

The Engineer-in- Chief, Electricity Department, S.B.P.D.C. Ltd., Bihar, Patna.

4.

The Chief Engineer, Electricity Department, S.B.P.D.C. Ltd., Bihar, Patna. 5.

The Superintendent Engineer, Electricity Department, S.B.P.D.C. Ltd., Ara. 6.

The Executive Engineer, Electricity Department, Division Buxar, SBPDC Ltd., Buxar.

7.

The Assistant Engineer, Electricity Department, Sub- Division, Buxar SBPDC Ltd., Buxar.

8.

The Junior Engineer, Electricity Department, Sub- Division, Buxar, S.B.P.D.C. Ltd., Buxar.

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

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 25-06-2025

1. Heard Learned counsel for the parties.

2. The petitioner has filed the writ application for the following relief:

" ..... for damage harass and compensation to injured petitioner on 15.09.2015 from 33,000 volt current electric wire petitioner as farmer in working time as watering in paddy fertile

Patna High Court CWJC No.5921 of 2018 dt.25-06-2025 2/3 by diesel pumping set of Boaring machine at 9.25 a.m. from electric wire lose down height about 6-7 feets wires of as high voltage (33 thousands volt) crossing on over agriculture land at Mauza Bairi village Block-Itadhi, District-Buxar, due to electric department negligence and careless of respondent no. 6,7 and 8."

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 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. Sukamani 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

Patna High Court CWJC No.5921 of 2018 dt.25-06-2025 3/3 seeks liberty to make appropriate application for compensation before the appropriate forum.

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.

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 26.06.2025 Transmission Date