Sunaina Devi vs The Bihar State Power Holding Company ...
2025 Latest Caselaw 2736 Patna

Patna High Court

Sunaina Devi vs The Bihar State Power Holding Company ... on 19 June, 2025

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17376 of 2017
     ======================================================
     Sunaina Devi Wife of Late Vijay Singh, Resident of Village-Kodmarai, P.S.
     Kurtha, District-Arwal

                                                            ... ... Petitioner/s
                                     Versus
1.   The Bihar State Power Holding Company Limited , Vidyut Bhawan, Patna
2.   The Managing Director, Power Holding Company Limited, Vidyut Bhawan,
     Patna.
3.   The Executive Cngineer, Arwal, Power Holding/Distribution Company Ltd.
     Bihar, Patna.
4.   The State of Bihar through the Principal Secretary, Home Department,
     Bihar, Patna.
5.   The Superintending of Police,Arwal.
6.   The Dy S.P. Arwal.
7.   The Officer in Charge P.S. Kurtha, District Arwal.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s         :      M/s Rajesh Kumar Sinha
                                         Mr. Upendra Pd. Singh, Advocates
     For the Respondent/s         :      Mr. Manish Kumar -GP 4
     For the BSPHCL               :      M/s Nivedita Nirvikar, Sr. Advocate
                                         Manoj Kumar, Advocate
     ======================================================
         CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                       ORAL JUDGMENT
                                       Date : 19-06-2025

                    1. Heard Learned counsel for the parties.

                    2. The writ petition                   has been filed for

      issuance of Writ in the nature                         of mandamus for

      directing             the       Respondent         authorities           to   pay

      compensation of Rs. 10 lakhs for the death of the

      husband of the petitioner due to the fault of the

      South Bihar Power Holding Electricity Company.
 Patna High Court CWJC No.17376 of 2017 dt.19-06-2025
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                           3.     The       Learned      counsel     for     the

         respondents submitted that the grievance of the

         petitioner has already been redressed as per the

         Rule, vide Letter No. 724 dated 10.06.2016 of the

         respondent             Bihar       State       Power    Distribution

         Company Limited. The petitioner has already been

         paid Rs. four lakhs as ex-gratia compensation vide

         Office Order No. 871 dated 09.05.2018 (Annexure-

         A), in accordance with the circular issued at the

         time of electrocution, through cheque No. 515510

         dated 18.05.2018. Hence, this writ petition is fit to

         be dismissed.

                           4. However, Learned counsel for the

         petitioner contended that since this matter is

         squarely         covered         under        the   order         dated

         26.06.2024

passed in CWJC No. 19302 of 2016

(Dilip Mahto Vs. The State of Bihar & Ors.) by

this Court in which this Court has passed the order

in light of a judgment passed by the Hon'ble Apex

Court in the case of Chairman Grid Corporation

of Orrisa Ltd. & Ors. Vs. Sukamani Das (Smt)

& Anr reported in (1999) 7 SCC 298 this writ Patna High Court CWJC No.17376 of 2017 dt.19-06-2025

petition may also be disposed of on the same

terms and conditions.

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. 19302 of 2016 and also with liberty to the

petitioner to seek necessary compensation by

approaching the concerned Civil Court and in case,

any such petition is filed, the same is expected to

be disposed of expeditiously by the concerned Civil

Court.

6. With the aforesaid direction the writ

petition stands disposed of.

7. Interlocutory Application, if any, shall

stands disposed of.

(G. Anupama Chakravarthy, J) Spd/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.06.2025
Transmission Date