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2004 Supreme(Pat) 1144

R.S.GARG
Arvind Kumar – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the parties.

2. The petitioner Arvind Kumar being aggrieved by the action of the respondent Bihar State Electricity Board is before this Court making a prayer that a direction be issued to the respondents not to fix electric poles in the raiyati/agricultural land of the petitioner so also in side of the field which is the only passage for the villagers to go to their fields. According to him the Engineers of the State Electricity Board started fixing pillars on the private land of the petitioner and the other villagers for carrying 11 KVA electric line and they have also sunk holes for fixing the poles. The respondents after notice have appeared in the Court and have submitted that permission/sanction of the petitioner is not required in light of the provisions as contained in Section 10 of the Indian Telegraph Act, the powers conferred upon the telegraph authority have also been conferred upon the State Electricity Board. It is submitted that the petitioner can not seek an injunction against the State Electricity authorities and the State Electricity authorities are acting in accordance with law.

3. On the last date of hearing learned counsel f

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