Phulpari Devi v. The Principal Secretary Department Of Energy And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23039 of 2018 ====================================================== Phulpari Devi wife of Late Yogendra Rai, resident of village- Paharpur East Paharpur, Vaishali Bihar- 8444508.

... ... Petitioner/s

Versus

1.

The Principal Secretary Department Of Energy, Vidyut Bhawan, Patna 2.

Electric Inspector South Bihar Power Holdings Company, Vidyut Bhawan, Bailey Road, Patna.

3.

Electric Superintending Engineer, South Bihar Power Holding Company, Hajipur, Vaishali.

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

For the Petitioner/s :

Mr. Alok Kumar @ Alok Kr Shahi, Adv.

For the Respondent/s :

Ms. Nivedita Nirvikar, Sr. Adv.

Mr. Pravin Kumar, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 01-09-2025

1. The petitioner has filed the instant application for the following reliefs:

"(i) issuance of writ in the nature of mandamus for directing the respondents to pay compensation of Rs. 10 Lakh for the death of her husband due to the fault of the South Bihar Power Holding Company.

(ii) For directing the respondents to act upon the

2/4 representation filed by the petitioner for compensation.

(iii) for any other consequential reliefs for which the petitioner is entitled during course of hearing of this Writ petition, and in the facts of the case.

2. At the outset, the Learned counsel for the respondents reported to the Court that Rs. 4 lakh has already been awarded for the death of the husband of the petitioner. It is further contended by the Learned counsel for the respondents that this matter is squarely covered under the order dated 26.06.2024 passed in CWJC No. 17625 of 2016 (Lalmuni Devi Vs. The State of Bihar & Ors.) by this Court, in which this Court has passed order in light of the judgment passed by the Hon'ble Apex Court in the case of Power Grid Corporation of India Ltd. vs. Century Textiles & Industries Limited & Ors. reported in 2017(2) PLJR (SC) 152. Therefore, this writ petition may also be disposed of on the same

3/4 terms and conditions.

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

4. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

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. 17625 of 2016 (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such petition is filed within a period of four weeks from the date of receipt of copy of this order, the same shall be examined and considered on merits by the appropriate court and shall be disposed of expeditiously.

6. With the aforesaid direction the writ

4/4 petition stands disposed of.

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

(G. Anupama Chakravarthy, J) AMANDEEP/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.09.2025.

Transmission Date