Ashok Mallah vs State Of Bihar and Ors

G. Anupama Chakravarthy, J

Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

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 wire above the residential house of petitioners.

D) For any other relief/reliefs to which the petitioners are found Entitledunderthefacts and circumstances of the present case.”

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.

After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to file appropriate application for compensation before the appropriate forum.

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) 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.

With the aforesaid direction the writ petition stands disposed of.

Interlocutory Application, if any, shall stands disposed of.