The Board is not entitled to demand any expenditure or cost for the removal of the overhead line from the petitioner when the petitioner is objecting to the supply of the overhead line from his land at the very inception and despite his objection the Board erected overhead 3300 volt line passing through the land of the petitioner.

1. In this writ application, the petitioner seeks indulgence of this Court for issuance of appropriate writ, order or direction commanding the respondent Bihar State Electricity Board and its Officers to remove illegal over head 33000 Volts electric line from the petitioners urban land bearing Plot No. 690, Khata No. 293, Tauzi No. 5855, Thana No. 17, Ward No.2 situated at Nasriganj under Danapur Municipality which was purchased by the petitioner for residential purpose. A further prayer has been made for a direction to the respondents to pay the cost of litigation amounting to Rs. 25,000.00 .

2. The facts of the case lie in a very narrow compass:The petitioner purchased the aforementioned land (hereinafter to be referred to as the land in question) by six registered sale deeds in the year 1983 for construction of house and accordingly, the petitioner is paying rent to the State of Bihar. It is stated that due to some unavoidable reason, the proposed building has not been built, however, the petitioner is trying to get the house constructed over the land in the shape of multi-storied building. The petitioners further case was that in the first week of November, 1995, the petitioner got an information regarding unauthorised dumping of electric poles for installation and just after the said information, the Manager, Administration of the petitioner inspected the land in question and wrote a letter to the respondent No. 6 Assistant Electrical Engineer, Patna Electric Supply Undertaking, Patna on 13th November, 1995 stating inter alia for removal of electric poles immediately which were dumped on the plot in question. A copy of the said letter is Annexure-2 to the writ application. It was further stated that by letter dated 16th November, 1995, the petitioner wrote a letter to the respondent No. 5, Electrical Executive Engineer, Electric Supply Division and requested him to remove the unauthorised dumping of electric poles lying on the petitioners land, otherwise the petitioner will take legal action in the matter. Apart from the aforesaid letter, the petitioner alleged that the staff of the petitioner was always in touch with respondent No. 5 so that the matter can be sorted out easily. However in the first week of February, 1996, one M/s. Bindyabashini Private Ltd. in collusion with respondent Nos. 4, 5 and 6 fixed the electric poles at both end of the petitioners land so that the electric connection may be passed over from the petitioners land. As such, on 9th February, 1996 again the Manager Administration of the petitioner wrote letter to the respondent No. 5 with a request not to erect over head 33000 Volt line, being highly hazardous and dangerous. A copy of the said letter dated 9th February, 1996 is Annexure4 to this writ application. It is stated that on 12th February, 1996, the learned counsel for the petitioner along with staff of the petitioner, namely, Raghubansh Mishra, personally went to the office of the respondent No. 4 and informed about the matter and on such information, the respondent No. 4 assured that the over head line would not be passed over the petitioners land and it would be passed through the sanctioned road. According to the petitioner, after the assurance given by the respondent No. 4, the petitioner was assured that now no over head electric line will pass over the petitioners land. However, all of a sudden in the night of 1st March 1996, the respondents Nos. 4, 5 and 6, in collusion with each other, made over head electric connection through petitioners land in order to oblige one M/s. Bindyabashini Private Ltd. who was establishing a factory. On seeing the aforesaid act of respondents Nos. 4 and 6, the petitioner filed a written report before the Officer-in-charge, Danapur Police Station for illegal over head electric wire connection over the petitioners land without consent of the petitioner, as such, without obtaining permission from the Senior Electrical Inspector, Bihar under S. 63 o