ARVIND KUMAR Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner Arvind Kumar being aggrieved by the action of the respondent Bihar State Electricity Board is before this Court making a prayer that a direction be issued to the respondents not to fix electric poles in the raiyati/agricultural land of the petitioner so also in side of the field which is the only passage for the villagers to go to their fields. According to him the Engineers of the State Electricity Board started fixing pillars on the private land of the petitioner and the other villagers for carrying 11 KVA electric line and they have also sunk holes for fixing the poles. The respondents after notice have appeared in the Court and have submitted that permission/sanction of the petitioner is not required in light of the provisions as contained in Section 10 of the Indian Telegraph Act, the powers conferred upon the telegraph authority have also been conferred upon the State Electricity Board. It is submitted that the petitioner can not seek an injunction against the State Electricity authorities and the State Electricity authorities are acting in accordance with law.

(3.) IT was next contended that in accordance with Section 12 of 1910. Act the permission is a must. To counter the said argument learned counsel for the State Electricity Board has placed his reliance upon Section 42 of the Indian Electricity Supply Act, 1948. He submits that 1948. Act which is subsequent in time has clearly observed that notwithstanding anything contained in Sections 12 to 16, 18 and 19 of the Indian Electricity Act, 1910 a particular action can be taken by the Board. If that be so and as the said judgment does not apply to the facts of the case, there is no scope for interference. I find no reason to interfere, the petition is dismissed.