Patna High Court
Shyara Khatun vs The State Of Bihar on 15 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17739 of 2019
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Shyara Khatun W/o Liyakat Ali, Resident of Mohalla-Karimchak, P.S.-Chapra
Town Distt-Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Holding Co. Ltd. through its Chairman-cum-Managing
Director, resident of Mohalla-Vidut Bhawan, Bailey Road, P.S. Kotwali,
Distt-Patna
3. The Managing Director, North Bihar Power Distribution Ltd., Vidut
Bhawan, Bailey Road, P.S. Kotwali, Patna
4. The Executive Electric Engineer, Saran at Chapra-32/33 Grid substation
Electric division, Chapra
5. The District Magistrate Saran at Chapra
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
Mr.Rajani Kumar, Advocate
For the Respondent/s : Mr.Subash Prasad Singh (GA3)
For Res. No.6 & 7 : Mr.Harendra Kumar Tiwary Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 15-12-2022
Petitioner has prayed for following relief (s) : -
"i. That this is an application for
issuance of Writ in the nature of
mandamus to direct respondents
concerned either remove the pole
or pay to suitable amount whereby
and whereunder respondents
Patna High Court CWJC No.17739 of 2019 dt.15-12-2022
concerned stable the pole in which
pulling high voltage wire as well
as also cutting 5 palm tree from
the land of the petitioner situated
westorn Rauja P.S.Chapra town
Distt-Saran at Chapra Vide Khata
no.2 Servey no.318 Rakba 08
Katha 01 dhur which is illegal,
malafide.
(ii) That for issuance of any other
relief or reliefs petitioner is
entitled in the eye of law."
After the matter was heard for some time, finding
the Court not in favour of the submissions made across the Bar,
learned counsel for the petitioner, under instructions, states that
the petitioner shall be content if the petitioner is permitted to
withdraw the present petition, with liberty to initiate
appropriate proceedings, including under the Telegraph Act,
before the appropriate forum and to take recourse to such other
alternate remedies which are equally efficacious in law.
Prayer allowed.
The petition is disposed of as withdrawn with the
liberty aforesaid.
Liberty reserved to the petitioner to take recourse
to such other remedies as are otherwise available in accordance
with law.
It stands clarified that all issues of fact and law are
left open to be agitated before the competent authority.
Patna High Court CWJC No.17739 of 2019 dt.15-12-2022
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
KC Jha/chn
AFR/NAFR
CAV DATE
Uploading Date 20.12.2022
Transmission Date
