Patna High Court
Pankaj Kumar vs The State Of Bihar on 9 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17357 of 2021
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1. Pankaj Kumar, S/o Shri Amiya Kumar, R/o Village - Taret, P.O. and P.S.-
Naubatpur, District- Patna, presently residing at A/P, Plot No. 102, B- 49,
Sainik Nagar, Block- B, Uttam Nagar, West Delhi- PIN - 110059.
2. Ravi Roushan Kumar Choudhary, S/o Krishna Choudhary, Patel Gali,
Ekangarsarai, P.O. and P.S.- Ekangarsarai, District - Nalanda PIN - 801301.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Energy, Government of
Bihar, 8 Daroga Rai Path, Patna.
3. Bihar Grid Company Limited through its General Manager, 2nd Floor,
Alankar Palace, Boring Road, Patna.
4. The General Manager, Bihar Grid Company Limited, 2nd Floor Alankar
Palace, Boring Road, Patna.
5. Additional General Manager, Bihar Grid Company Limited, 2nd Floor,
Alankar Palace, Boring Road, Patna.
6. South Bihar Power Distribution Company Limited through its Secretary
having its office at Vidyut Bhawan, Bailey Road, Patna.
7. The Chief Engineer, South Bihar Power Distribution Power Company Ltd.,
Vidyut Bhawan, Bailey Road, Patna.
8. S.D.O. (Electricity), South Bihar Power Distribution Power Company Ltd.,
Naubatpur, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For the Respondent/s : Mr.Rajiv Roy ( GP-1 )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/ Hon'ble Judges through Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs joined the proceedings
through Video Conferencing from their residences/offices.)
Date : 09-02-2022
Heard learned counsel for the parties.
Patna High Court CWJC No.17357 of 2021 dt.09-02-2022
Petitioner has prayed for the following relief(s).
i. For issuance of a writ of mandamus commanding
the respondents particularly the Bihar Grid
Company Ltd. (hereinafter referred to as 'BGCL')
to abstain from illegal, malicious, whimsical and
colourable exercise of power by installation of
electrical tower of 220K/V capacity over the sole
residential land of the Petitioner no.1 and the
commercial land of Petitioner no.2 situated in
Khata No. 18, Plot No. 1056, Mauza Govindpur
situated in Naubatpur, Patna.
ii. To hold and declare that the electric towers of
220K/V capacity may easily be laid over adjoining
surplus available agricultural land/Government
lands and not over the sold residential land of
Petitioner No.1 or commercial land of petitioner
no.2.
iii. For issuance of an appropriate writ in the
nature of mandamus for restricting the respondents
from making large hols for erecting poles on the
sole residential plot of petitioner No. 1 and
commercial plot of the petitioner No. 2 and thereby
depriving the right of property completely and
apprehension of health hazard to the petitioners and
to other resident of the vicinity which is injurious
to health.
iv. For issuance of the direction tot he respondents
to lay high tension power lines with 220K/V
capacity to nearby lands either categorized as
agricultural land in the vicinity or the government
land.
v. For any other relief or reliefs for which the
petitioner be found entitled in the eye of law."
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, seeks permission
to withdraw the present petition reserving liberty to file a fresh
petition, on the same and subsequent cause of action, if so
required and desired.
Permission granted with liberty as prayed for.
Patna High Court CWJC No.17357 of 2021 dt.09-02-2022
Instant petition stands dismissed as withdrawn
in the aforesaid terms.
Interlocutory Application(s), if any, stands
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Rajiv/veena-
AFR/NAFR
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