The principle of public interest prevailing over private interest was central to the court's decision in dismissing the writ petition.

ORDER :

Anjani Kumar Sharan, J.

1. Heard learned counsel for the petitioner, learned counsel for the Electricity Board and learned counsel for the State.

The petitioner has prayed for the following reliefs:

"(i) For issuance of an order/direction/appropriate writ whereby restraining the respondents from Installing/erecting 220 KV Electric Pole and High-Tension wire on or above Land/House of the petitioner.

(ii) For directing the respondents to consider the objection of the petitioner against this proposal of erecting/installing High-tension Electric Police over petitioner's plot bearing Khata No. 237 and Khesra No. 1610 situated in Sugauli (PS), East Champaran.

(iii) For directing the respondents to make a fresh survey with regard to this project of installing 220 KV Electric Pole and High Tension wire in this village as there are other more appropriate locations are available in this village.

(iv) For a direction upon the respondents for immediately staying/stopping the ongoing work with regard to above stated project on the land/house of the petitioner.

(v) Any other order/orders for which the petitioner is entitled to in the facts and circumstances of the present case."

2. In the present writ petition, limited grievance has been raised by the petitioner that Bihar State Transmission Company has erected the electric transmission tower over the house/Raiyati land of the petitioner details are as follows : Khata No. 128, Khesra No. 276, Mouza Paraspatti, Thana No. 352, Circle- Dumra, District East Champaran.

3. Learned counsel for the petitioner submits that the petitioner is having on which a small house is there where the petitioner lives with his family and on some portion, he does farming in order to earn his livelihood. Learned counsel for the petitioner further submits that the petitioner has filed application/objection before the Sub-divisional Public Grievance Redressal Officer, Sub-division Raxaul, District - East Champaran on 29.06.2019. Vide order dated 19.10.2019, the Public Grievance Redressal Officer, Raxaul, District- East Champaran has disposed of the petitioner's application after noticing the concern Assistant Electrical Engineer, Raxaul whereby vide letter No. 225 dated 02.09.2019, he has submitted that the issue with regard to installation of 220 KV Electric Pole and High Tension wire on petitioner's land belongs to Assistant Executive Engineer, Gopalganj. Thereafter, based on telephonic communication, it was submitted by the Assistant Executive Engineer, Gopalganj that the survey with regard to installation of 220 KV Electric Pole and High Tension wire is not yet completed and nothing is final. And, hence, the petitioner's application was disposed of. He further submits that despite the submission of the Assistant Executive Engineer, Gopalganj that nothing is final with regard to survey for erecting/installing the 220 KV Electric Pole without any notice or intimation the concern authorities have started the construction/installation work in full-fledged manner which is evident from the pictures of the ongoing construction work on this plot (Annexure-2 series).

4. Learned counsel for the respondent nos. 4 to 6 has filed a counter affidavit and submits that no foundation for any Tower has been laid in the land of the petitioner. As per the survey, some portion of the land of the petitioner lies behind the conductors, therefore, there is no possibility/scope of erection of any Tower on the land of the petitioner. It is further stated and submitted that the respondent authorities tried several time to give notice to the petitioner but neither the petitioner nor his family members received any notice regarding the same. This fact has not disputed by the petitioner. He has no filed any rejoinder to the counter affidavit. Learned counsel for the respondent nos. 4 to 6 further submits that during the survey, no house was found constructed in the corridor of the under-construction 220 KV Raxaul (New), Gopalganj Transmission l