Patna High Court
Ashok Mallah And Ors vs The State Of Bihar And Ors on 30 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14292 of 2017
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1. Ashok Mallah
2. Umesh Mallah Both Sons of late Dukha Mallah
3. Smt. Rita Devi Wife of Pappu Mallah All are Resident of Village- Kunwari,
Jiwachhpur, Gram Panchayat-Ramnagar Farsahi Milik, Ward NO. 7, P.S.
Manmankhi, District- Purnea.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Govt. of Bihar, Patna
2. The Principal Secretary, Energy Deptt. -Cum-Second Appellate Authority,
Govt.of Bihar, Patna.
3. The Divisional Commissioner-Cum-First Appellate Authority, Purnea
Division, Purnea.
4. The District Magistrate, Purnea.
5. The District Public Complain Redressal Officer, Purnea.
6. The S.D.O. Banmankhi, Purnea.
7. The Superintendent of Police, Purnea.
8. The Deputy Superintendent of Police, Banmankhi, Purnea.
9. The Officer-in-ChargeS.H.O, Banmankhi, P.S. Purnea.
10. The Managing Director Power Distribution Company Limited, Patna, Bihar.
11. The Superintendent EngineerElectrical, Purnea Division, Purnea.
12. The Electrical Executive Engineer, Bihar State Power Transmission
Company Limited, Purnea Division,
13. The Electrical Executive Engineer, Transmission Division, Purnia.
14. The Assistant Electrical Engineer, Transmission Division Banmankhi
Purnea.
15. The Bajaj Electricals Limited , through its Manager,
16. The Assistant Manager, Bajaj Electricals Limited , Purnea.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kumar Praveen, Adv.
For the Respondent/s : Mr.Subodh Prasad Singh - GA3
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 30-07-2025
1. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
Patna High Court CWJC No.14292 of 2017 dt.30-07-2025
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respondents.
2. The petitioner has filed the instant Writ
petition for the following reliefs:
A) "For the issuance of
appropriate writ/writs, order/orders,
direction/directions to the concerned
Respondent authorities to immediately
remove/shift the high tension overhead
electricity wire passing through the
residential house of petitioners.
B) For the issuance of
appropriate writ/writs, order/orders,
direction/directions to the concerned
Respondent authorities to fix the
responsibility and accountability of the
person concern who is responsible for the
said overhead high tension electricity
wiring despite all possible efforts by the
petitioners by filing applications
/representations before the authorities
concern to stop the said overhead
electricity wiring but no action has been
taken on the applications filed by the
petitioners.
C) For direction to pay the
cost of litigation as well as compensation
for the mental, physical and economical
harassment/agony due to overhead
wiring and electrification of high tension
Patna High Court CWJC No.14292 of 2017 dt.30-07-2025
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wire above the residential house of
petitioners.
D) For any other relief/reliefs
to which the petitioners are found
entitled under the facts and
circumstances of 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 the The Power
Grid Corporation of India Limited vs Century
Textiles & Industries Ltd & Ors. 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 forum.
5. Having regard to the submissions
Patna High Court CWJC No.14292 of 2017 dt.30-07-2025
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) in light of the judgment
passed by the Hon'ble Apex Court in the case of
The Power Grid Corporation of India Limited
(supra) with liberty to the petitioner to seek
necessary compensation by approaching the
concerned District Judge and in case, any such
petition is filed within a period of two months from
the date of receipt of copy of this order, the same
shall be examined and considered on merits by the
appropriate forum and shall be disposed of
expeditiously.
6. With the aforesaid direction the writ
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 30.07.2025
Transmission Date
