RAM NARESH SINGH Vs. BIHAR GRID COMPANY LIMITED

JUDGEMENT

(1.) This writ application has been preferred for issuance of a writ of mandamus commanding the respondents particularly the Bihar Grid Company Limited (hereinafter referred to as 'BGCL') to restrain from installation of Electric Tower over a private property/pond of the petitioner and his family members situated in his native village within Rupaspur Mauza in Sampatchak Block of the Patna District appertaining Khata no. 31, Plot No. 816. The petitioner has also challenged the order dated 28.07.2018 passed by the District Magistrate, Patna in connection with Electricity Act Case No. 01 of 2018-19 (Additional General Manager, Bihar Grid Company Limited Vs. Ram Vijay Singh and others). By the impugned order it has been held that the petitioner company is installing the poles and towers in accordance with law and no interference is required.

(2.) The Collector-cum-District Magistrate, Patna has passed order in the light of provisions contained in Section 164 of the Electricity Act, 2003, Section 10 and 16 of the Telegraph Act, 1885.

(3.) It further appears that the impugned order has been passed on the application filed by the Additional General Manager, BGCL for taking appropriate action in the matter. It was the grievance of the BGCL that the BGCL is constructing towers in public interest and in accordance with the sanctioned alignment but the opposite parties (land holders) were creating obstructions and they were not allowing to install towers on their respective land. It was submitted before the Collector-cum-