Patna High Court
Bishwapati Chatterjee vs The State Of Bihar on 30 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24187 of 2018
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Bishwapati Chatterjee Son of Bibhuti Bhusan Chaterjee Resident of Khan
Kita Sabour, P.S- Sabour, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Energy Department,
Government of Bihar, 8 Daroga Rai Path, Patna. - 800001
2. The Chairman-cum-Managing Director Bihar State Power Holding
Company Ltd, Ist floor, Vidyut Bhawan, Jawahar lal Nehru Marg, Patna.
3. The Managing Director, South Bihar Power Distribution Ltd. Patna.
4. The District Magistrate Bhagalpur.
5. The Executive Engineer, Electricity Transmission Division, Bhagalpur.
6. The Assistant Executive Engineer, Electricity Transmission Division,
Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Md. Najmul Hodda
For the Respondent/s : Mr.Abbas Haider, SC-6
: Mr. Prakash Kumar, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 30-08-2025
1. Heard learned counsel for the parties.
2. The petitioner has filed the instant
application for the following reliefs:
"A. For the direction upon the
concern respondent authority to prevent
and remove the installation of electric
overhead line of capacity 11000KV over
to the raiyati land of petitioner located in
Mauza-Tatpur Ranga vide Khata No. 404,
405, 406, 408 New Plt No. 820 and 416 in
Patna High Court CWJC No.24187 of 2018 dt.30-08-2025
district Bhagalpur, keeping in view that
such high electricity current of 11000 KV
may always endangers the life of
petitioner and his family, further the
concern respondent authorities have not
made compliance of Sec. 68 of the
Electricity Act and other incidental
provision of law and mechanically taken
decision for the installation of electric
overhead wire over to the raiyati land of
petitioner, which is not sustainable in the
eye of law.
B. For the direction upon the
concern respondent authority to conduct
inspection of place located at Mauza -
Tatpur Ranga vide Khata No. 404, 405,
406, 408 New Plot No. 820 and 416 in
district Bhagalpur and remove the
installation of electric overhead line of
capacity 11000KV which is carried out
through the raiyati land of petitioner, and
further direction for installation of
aforesaid electric overhead line at
appropriate distance from the aforesaid
raiyati land of the petitioner, so that
petitioner and his family life remain safe.
C. And for any other relief/reliefs
for which the petitioners are found to be
Patna High Court CWJC No.24187 of 2018 dt.30-08-2025
entitled under the provision of law
involved in the present case."
3. At the very outset, Learned counsel for
the respondents contended that since 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 the order in light of
the judgment passed by the Hon'ble Apex Court in
the case of Power Grid Corporation of India Ltd.
reported in 2017(2) PLJR (SC) 152, 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 seeks liberty
to file appropriate application for compensation
before the appropriate authority.
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
Patna High Court CWJC No.24187 of 2018 dt.30-08-2025
necessary compensation by approaching the
concerned Civil Court and in case, any such petition
is filed within a period of one month 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. As the Writ petition is filed in the year
2018, the concerned court shall liberally construe
the limitation aspect.
6. With the aforesaid direction the writ
petition stands disposed of.
7. Interlocutory Application, if any, shall
stands disposed of.
(G. Anupama Chakravarthy, J)
amitkr/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 01.09.2025
Transmission Date N/A
