DURGESH NANDANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By a registered deed of saledated 26-9-1994 the petitioner purchased a piece of land measuring Seven and a half decimals in area, forming part of Survey Plot No. 1323 under Khata No. 757 in Tauzi No. 5806 and situate at Mauza Mainpura presently under Patliputra Police Station in the town and district of Patna.

(2.) According to the petitioner she had purchased the aforesaid piece of land for constructing a residential house but she is unable to construct the house on account of two electricity poles fixed and installed there from before by the Bihar State Electricity Board. She requested the officials of the Board to remove the two poles on the plea that they were coming in the way of construction of her house. The Board's officials, however, took the stand that they would remove the poles only on her making payment of the expenses (provisionally estimated at Rs. 21046.00) of the removal and reinstallation of those poles at some other place.

(3.) This writ petition has been filed challenging the demand for the aforesaid sum made by the Board (as contained in Annexure-5) and for a direction to the Board to remove the two poles from the land of the petitioner at its own expense.