Patna High Court
Pradeep Kumar vs The Managing Director And Ors on 15 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13340 of 2017
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Pradeep Kumar Son of Sri Hridaya Nand Singh, Resident of Patel Colony,
Naga Bigha, P.S.- Aurangabad, District- Aurangabad.
... ... Petitioner/s
Versus
1. The Managing Director, South Bihar Power Distribution Company Ltd.
Patna
2. The State of Bihar through the Divisional Commissioner, Magadh Division,
Gaya.
3. The District Magistrate, Aurangabad.
4. The Chief Electrial Engineer, Magadh Division, Gaya.
5. The Electrical Superintending Engineer, Magadh Division, Gaya.
6. The Electrial Executive Engineer, Power Supply Division, Aurangabad,
Bihar.
7. The District Public Grievance Redressal Officer-cum-Deputy Collector,
Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate
For the State : Mr.Abbas Haider, SC 6
For the Respondent : Mr. Ritesh Kumar, Advocate
Nos. 6 to 8
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 15-05-2025
1. The petitioners have filed the Writ
petition for the following reliefs:
"That this is an application
for issuance of appropriate writ/ writs,
order/ orders, direction/ directions
commanding the respondent authority
to shift the transformer which has been
installed at the entry point/ adjacent to
Patna High Court CWJC No.13340 of 2017 dt.15-05-2025
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the gate of petitioner situated at Naga
Bigha Road, Patel Colony as such
installed transformer in rainy season or
in case of technical fault or breakage of
earthing caused electrical power/
charges either in the earth or in the
house of petitioner and all these
shortcomings may be caused some
mishappening to the children of the
family or any other family members and
despite several representation, no
action has been taken for shifting of
transformer by the respondent no. 6 till
date.
Petitioner further seeks
Hon'ble Court's indulgence
commanding the respondent authorities
especially respondent no. 7 to execute
the order dated 12.09.2016 issued by
the respondent no. 7 whereby
respondent no. 6 is directed to shift the
transformer to a safer place which is
available on the main road just 300
feets away from the present point of
installation but still no action was taken
even appeal preferred by petitioner
before respondent no. 2 has been kept
pending but still no action has been
taken and petitioner, his family
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members and children of his family are
compelled to live under fear psychosis
under apprehension of mishappening
which there is a rainfall/ short circuit at
the installed transformer.
Petitioner further seeks any
other relief/ reliefs for which he is found
entitled in the eye of law and in the
facts and circumstances of the present
case."
2. At the very outset, Learned counsel
for the respondents contended that since this
matter is squarely covered under the order dated
26.03.2019
passed by the Division Bench of this
Court in CWJC No. 5773 of 2019 (Kaushal
Kumar Vs. The State of Bihar & Ors.), this writ
petition may also be disposed of on the same
terms and conditions.
3. After perusal of the aforesaid order,
this Court is in agreement with the decision
rendered in CWJC No. 5773 of 2019 (supra). The
Court, after giving due consideration to the matter,
is of the view that the complaint made by the
petitioner does not warrant interference. It is
Patna High Court CWJC No.13340 of 2017 dt.15-05-2025
within the absolute discretion of the respondents
to determine where and when a transformer should
be set up. No issue of statutory violation has been
raised in the complaint, and, therefore, this Court
refrains from exercising its extraordinary
jurisdiction.
4. Accordingly, the writ petition stands
dismissed.
5. Interlocutory Application, if any, shall
stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.05.2025
Transmission Date
