BISHWESHWAR NARAYAN BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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 dtd. 28/7/1965, whereafter a family arrangement was made pertaining to the family of the petitioner and a memorandum of partition dtd. 11/5/1986 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.