RAJENDRA PRASAD YADAV SON OF LATE BANARASI YADAV RESIDENT OF MOHALLA Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) The writ application prays for a direction upon the respondents to remove the transformer/electric pole from the land of the petitioner situated in Khoja Bazar, Munger. It is alleged that the said electric pole/transformer was installed by the officers of the Bihar State Power Holding Company (for short ‘the BSPHC’) as well as the Power Grid Corporation of India Ltd. (for short ‘the Corporation’) without acquisition proceeding or approval from the department. In doing so the respondents have deviated from the approved site selected for installation of the electric pole/transformer. Annexure-2 has been referred in this regard which is the approved site for installation of the transformer/electric pole at Khoja Bazar, Munger. Annexure-14 is the communication addressed by the Junior Engineer of the respondent BSPHC to the Assistant Engineer stating that the distribution transformer should not be installed at the disputed site in view of the pendency of T.S. No. 164 of 1991. Annexure-15 is the communication of the Assistant Engineer of the Corporation addressed to the petitioner in which it has been stated that instructions have been received for removal of the electric pole from the land of the petitioner which shall be done in due course.

(2.) Heard Ms. Shushmita Mishra in support of writ application, Mr. Anand Kumar Oja for the respondent BSPHC and Mr. Janardan Prasad Singh for the respondent-Corporation.

(3.) Parties have exchanged pleadings.