1. By a registered deed of saledated 26-9-1994 the petitioner purchased a piece of land measuring Seven and a half decimals in area, forming part of Survey Plot No. 1323 under Khata No. 757 in Tauzi No. 5806 and situate at Mauza Mainpura presently under Patliputra Police Station in the town and district of Patna.

2. According to the petitioner she had purchased the aforesaid piece of land for constructing a residential house but she is unable to construct the house on account of two electricity poles fixed and installed there from before by the Bihar State Electricity Board. She requested the officials of the Board to remove the two poles on the plea that they were coming in the way of construction of her house. The Boards officials, however, took the stand that they would remove the poles only on her making payment of the expenses (provisionally estimated at Rs. 21046.00) of the removal and reinstallation of those poles at some other place.

3. This writ petition has been filed challenging the demand for the aforesaid sum made by the Board (as contained in Annexure-5) and for a direction to the Board to remove the two poles from the land of the petitioner at its own expense.

4. Mr. Mihir Kumar Jha, learned counsel appearing for the Board submitted that Rule 82 of the Indian Electricity Rules provided the necessary legal sanction for the demand that the expense of removal of the poles be borne by the petitioner. Rule 82 of the Indian Electricity Rules is as follows :-

"Rule 82. Erection of or alteration to buildings, structures, flood banks and elevation of roads. -(1) If at any time subsequent to the erection of an overhead line (whether covered with insulting material or bare), any person proposes to erect a new building or structure or flood bank or to raise any road level or to carry out any other type of work whether permanent or temporary or to make in or upon any building or structure or flood bank or road, any permanent or temporary addition or alteration, he and the contractor whom he employs to carry out the erection, addition or alteration, shall, if such work, building, structure, flood bank, road or additions and alterations, thereto would, during or after the construction result in contravention of any of the provisions of Rule 77, 78 or 80, give notice in writing of his intention to the supplier and to the Inspector and shall furnish therewith a scale drawing showing the proposed building, structure, flood bank, road, any addition or alteration and scaffolding required during the construction.(2) (a) On receipt of the notice referred to in sub-rule (1) or otherwise, the supplier shall examine whether the line under reference was lawfully laid and whether the person was liable to pay the cost of alteration and if so send a notice without undue delay to such person together with an estimate of the cost of the expenditure likely to be incurred to so alter the overhead line and require him to deposit without 30 days of the receipt of the notice with the supplier, the amount of the estimated cost.(b) If the person referred to in sub-rule (1) disputes the suppliers estimated cost of alteration of the overhead line or even the responsibility to pay such cost, the dispute may be referred to the Inspector by either of the parties whereupon the same shall be decided by the Inspector.(3) No work upon such building, structure, flood bank, road and addition or alteration thereto shall be commenced or continued until the Inspector has certified that provisions of Rules 77, 79 or 80 are not likely to be contravened either during or after the aforesaid construction :Provided that the Inspector may, if he is satisfied that the overhead line has been so guarded as to secure the protection of persons or property from injury, or risk of injury, permit the work to be executed prior to the alteration of the overhead line or, in the case of temporary addition or alteration, without alteration of the overhead line.(4) On receipt