MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for directing the respondents to install electric pole by the side of plot no.77 and 79 and not to lay electricity wire within the land of the petitioner pertaining to Khata No. 175 situated at village Durgapur, P.S. Katihar, District Katihar.

2. The brief facts of the case, according to the petitioner, are that the mother of the petitioner purchased raiyati land of Mauja Durgapur P.S. No. 104 in the district of Katihar bearing old P.S. Case No. 09 corresponding to new RS Khata number 250 bearing RS plot number 78, measuring an area 2.25 acres and 1.00 acres, respectively by a registered sale deed dated 28.07.1965, whereafter a family arrangement was made pertaining to the family of the petitioner and a memorandum of partition dated 11.05.1986 was prepared, pursuant whereof the petitioner came in possession of the land in question. It is the further case of the petitioner that the petitioner recently came to know that the respondents are going to install high power electric poles over the raiyati land of the petitioner, hence the petitioner filed a representation before the learned District Magistrate, Katihar stating therein that instead of the electric poles being installed in the middle of the land of the petitioner, the same be installed on the side of the land of the petitioner or in the alternative, the electricity wires be laid underground i.e. beneath the land of the petitioner, however, it is stated that the respondents are bent upon to install the electric poles on plot no. 78, in the middle portion of the said land.

3. The learned counsel for the petitioner has submitted that instead of installing the poles in the middle of the land of the petitioner and laying the electricity wire over the plot of the petitioner, the respondents can very well install the electric poles and lay the electricity wires on the side of the land of the petitioner, however, with mala fide intention and in order to destroy the land of the petitioner, the electric poles are being installed in the middle of the land of the petitioner.

4. Per contra, the learned counsel for the Respondent Bihar Grid Company Ltd. (BGCL), Shri Harendra Kumar Tiwari, has submitted that the Bihar Grid Company Ltd. is a transmission Licensee under Section 14 of the Electricity Act, 2003, and has been authorised to construct, maintain and operate interstate transmission lines and associated installations approved under a scheme by the Energy Department, Government of Bihar. It is further submitted that the Government of Bihar has conferred power under sections 68 and 164 of the Electricity Act, 2003 read with section 10 of the Indian Telegraph Act, 1885 to the Bihar Grid Company Ltd., for placing and maintaining of electric lines under, over, along or across, in or upon any immovable property for the transmission of electricity. The learned counsel for the Bihar Grid Company Ltd. has further submitted that 132 KV Purnea- Naugachia/Khagaria transmission Line at Katihar is being constructed, for which appropriate publication was made in the daily News paper on 20.10.2018 and proper authorization has been obtained from the State of Bihar under the relevant provisions of the Electricity Act, 2003 read with the Indian Telegraph Act, 1885, where-after, upon completion of the survey work and finalization of the route, construction of the transmission line was started and 97% work has already been completed in as much as out of total number of 69 foundation towers, 67 towers have already been erected and now, the remaining towers are to be erected on the land of the petitioner. It is stated that the stringing work has also been completed over 100 Kms, out of a total stringing work of 120 Kms.

5. The Ld. Counsel for the BGCL has also submitted that the land in question over which tower is remaining to be erected in fact belongs to the State of Bihar. The learned counsel for the Respondents Bihar Grid Company Ltd. has