IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6813 of 2018

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Shiva Kant Rai Son of Late Byas Deo Rai Resident of Village - Manarai Tol,

P.S. Bibhutipur, District Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar though the Chief Secretary Government of Bihar, Patna

2.

The Chief Secretary, Public Grievance Cell, Bihar, Patna.

3.

The Bihar State Electricity Board through its Secretary, Vidyut Bhawan,

Bailey Road, Patna.

4.

The Chairman-cum-Managing Director, Bihar State Power Transmission

Company Ltd., Patna, Vidyut Bhawan, Bailey Road, Patna

5.

The Managing Director, North Bihar, Power Distribution Company Ltd.

Thrid Floor, Vidyut Bhawan, Bailey Road, Patna

6.

The Director, Project North Bihar Power Distribution Company Ltd., Patna,

Bihar.

7.

The Chief Engineer, Bihar State Power Transmission Co. Ltd. Vidyut

Bhawan, Bailey Road, Patna.

8.

The Executive Engineer, Electricity Division, Rosera, District Samastipur.

9.

The Assistant Engineer, Electricity Department, Rosera, District Samastipur.

10.

The District Magistrate Samastipur, District Samastipur.

11.

The Superintendent of Police Samastipur District Samastipur.

12.

The Sub-Divisional Officer, Rosera, District - Samastipur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Nand Kishore Singh, Advocate

For the NBPDCL

:

Mr. Vinay Kirti Singh, Sr. Advocate

Mr. Vijay Kumar Verma, Advocate

Mr. Akhileshwar Singh, Advocate

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Patna High Court CWJC No.6813 of 2018(2) dt.23-01-2023

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

2

23-01-2023

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

“ That this is an application for issuance of a

writ in the nature of Mandamus or an

appropriate writ commanding the respondents to

remove the Pole and wire which has been

installed for carrying high voltage electricity in

the middle of the homestead land of the

petitioner of Khata no. 886 Khesra 1065 Mauza

Marhan Thana no. 12 District Samastipur and

also for restraining the respondents from going

ahead with the construction of the wires through

the plot of the petitioner and also for grant of

any other relief or reliefs for which the

petitioner is found entitled in the facts and

circumstances of the case.”

Learned counsel for the petitioner seeks permission to

withdraw the present petition, reserving liberty to take

appropriate action, in terms of the relevant statute, including the

Telegraph Act, 1885 and in light of judgment rendered by the

Hon’ble Supreme Court in the case of The Power Grid

Corporation of India Limited v. Century Textiles and

Patna High Court CWJC No.6813 of 2018(2) dt.23-01-2023

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Industries Limited & Ors., [(2017) 5 SCC 143].

Permission granted.

Present petition stands disposed of as withdrawn with

the liberty aforesaid.

Interlocutory application(s), if any, shall also stand

disposed of.

Spd/-K.C.Jha

(Sanjay Karol, CJ)

( Partha Sarthy, J)

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