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High Court Of ChhattisgarhWPC/3016/2020disposed off

Smt. Usha Bai v. State Of Chhattisgarh

2020-12-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3016 of 2020 • Smt. Usha Bai W/o Late Shri Shyambali Sahu, Aged About 55 Years R/o Village Sirgitti, P.S. Sirgitti, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of C.S.E.B., Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. Collector, Bilaspur, District Bilaspur Chhattisgarh

3. Executive Engineer, Chhattisgarh State Electricity Distribution Company Maryadit, Bilaspur Chhattisgarh

4. Junior Engineer Chhattisgarh State Electricity Distribution Company Maryadit, Tifra Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri C.K. Sahu, Advocate For Respondents/ State :

Shri Gagan Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 14.12.2020 Heard

1. Learned counsel for the petitioner would submit that certain electric pole has been implanted in the middle of the land thereby the petitioner is neither able to enjoy the said land nor is able to construct the house. He further submit that if it had been done in the border of the land, the petitioner may not have objected it but then the unfettered power has been used to plant the pole at the middle of the land. Under the circumstances, the petitioner has made a representation to Executive Engineer (Respondent No. 3) so that the alignment of the poles may be changed which may render that the petitioner may use the land to the utmost. He further refers to the documents and photographs.

2. Considering the nature of compliant made, it is obvious that if the pole is in middle of the land then it may render the use of land completely useless. Under the circumstances, Respondent No. 3 is directed to look into the matter and inspect the spot so that the alignment of the electric pole, if any may be changed, so that the petitioner is able to use the land to the optimum. It is directed that the representation of the petitioner may be decided within a period of 60 days and if it is feasible to align the pole, that should also be done within such time.

3. With the aforesaid observation the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti