IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4483 of 2007 SMT. REENA PRASAD, Wife of Dr. Amar Nath Prasad, Resident of Village-Grahni, Police Station- Charpokhari, District- Bhojpur (Aara). . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR, through District Magistrate, Bhojpur at Aarah. 1 (A). The Bihar Electricity Board, through its Chairman, Patna. 2. The Executive Engineer, Electricity Department, Bhojpur, Aara. 3. The Assistant Electric Engineer, Supply sub-division Piro, District- Bhojpur at Aara. 4. The Superintendent of Police, Bhojpur at Aarah. 5. The Ex-Mukhiya, Jagnarayan Yadav, Son of Late Keshari Singh Yadav, Grahni Gram Panchayat, Distt- Bhojpur at Aarah. 6. Binod Singh Yadav, Son of Late Ramanand Yadav. 7. Md. Kaish, son of Md. Israphil. 8. Shahid Miyan, son of Vakil Miyan. All Resident of village & P.O. Grahni, Police Station-Charpokhari, District- Bhojpur at Aarah. . . . . O.P. . . . . . Respondents. For the Petitioner : Mr. Birendra Kumar Singh, Advocate For the BSEB: Mr. Subhash Kishore Verma, Mr. Jainendra Kr. „Pushkar‟, Advs. For the State: Mr. Ravi Verma, Advocate. ----------- 8/ 30.10.2009 Heard. The State has also filed counter affidavit. The petitioner prays for removing the Transformer fixed in front of her house and which is alleged to be running over the roof of the petitioner‟s shop. Learned counsel for petitioner submits that the aforesaid Transformer, carrying 11000 Volt line, was earlier located near Sahilapul locality of the village. The petitioner submits that on account of village politics, some of the villagers, who were opposed to the petitioner, uprooted the aforesaid Transformer and fixed the same in front of the petitioner‟s house. Learned counsel further submits that the aforesaid Transformer has been established just by the side of her - 2 - residential house hardly at a distance of 1 ½ feet from its boundary. The wire of the Transformer passes above the roof at a height of three feet only. Learned counsel submits that it would appear from various documents that aforesaid Transformer was shifted near the residential house without the concurrence of the department and by the villagers themselves. In this context, petitioner refers to letter no. 38 dated 08.03.2007 written by Assistant Electrical Engineer, Electric Supply Sub-Division, Piro to officer-in-charge Charpokhari police station. In the aforesaid letter the Electrical Assistant Engineer states that the petitioner has made complaint that some persons have fixed the Transformer carrying 11000 Volt line without concurrence of the department. The petitioner also refers to letter of S.P., Bhojpur wherein he has written a letter bearing Memo no. 189/ Legal dated 16.05.2007 to Executive Engineer, Electric Supply Division, Ara stating therein that the Assistant Electrical Engineer, Electric Supply Division, Piro vide Memo no. 38 dated 08.03.2007 has informed that near the door of the petitioner, a pole having electricity of 11000 Volt line has been erected unauthorizedly by some persons without concurrence of the department. The petitioner states that installation of pole having electricity of 11000 Volt line would be hazardous and dangerous to the children and other inmates of the house. Besides this, the same would always be a danger to the customers visiting the shop of the petitioner. Learned counsel submits that on account of the aforesaid Transformer, the B.S.N.L. is not able to make the phone line operational. In this respect, he refers to endorsement made by one of - 3 - the staffs of the BSNL contained in Annexure-6. Counsel for the Bihar State Electricity Board has filed affidavit. Learned counsel particularly refers to paragraph no. 3, 4 and 6 of the counter affidavit in support of his contention. It would be relevant to quote paragraph 03 of the counter affidavit, which is reproduced hereinbelow: “The Respondent No.3 on 10.3.07 personally visited the place and assessed the situation where the local leaders (Members of the present & Ex-Panchayat Samiti) handed over their representation to the Respondent No.3 with a request to shift the aforesaid one transformer out of two to the place mentioned above. On being satisfied technically as well as in the interest of consumers at large, the respondent No.3 with the help of consumers could complete the work of shifting of one transformer to the place in questioned, which was nearly 8 feet away from the house of the petitioner but is more than 3 feet away from the shades and shops, illegally constructed by the petitioner on the P.W.D. Road and the wire is running more than 6 feet above such shades and nearly 8 feet away from the roof of the house of the petitioner”. The petitioner states that the BSNL authorities never made any complaint to the Board regarding any difficulty arising out of fixing of the pole at the relevant time. It is submitted that respondent no.3 vide his letter no. 65 dated 03.03.2008 has requested the Circle Officer, Garhani Block, Bhojpur about the details of the land where the Transformer was shifted. The Circle Officer, Garhani vide his letter no.1 Camp/Jagdishpur dated 04.03.2008 clarified that the - 4 - Transformer was fixed on Public Works Department road. He has further submitted that according to the report of the Circle Officer, Garhani dated 04.03.2008, the Transformer is situated 8 feet away from the house of the petitioner. Counsel for the Board submits that one of the two Transformers has been shifted to the present case on representations made by the villagers and representatives of the Garhani Panchayat. He submits that the plea of petitioner that Transformer was shifted by the villagers at their own without the concurrence of the department, is false. The Board, while fixing a Transformer or pole or drawing an electric line, must take pre-caution that it does not pass over the roof of the house on any of the residents. In paragraph 03 of the counter affidavit, it has been stated that the line is running more than 6 feet above the shed and shops of petitioner, which has been illegally constructed by her on the public land. The aforesaid assertion has been denied by the petitioner and submits that statements have been made in the counter affidavit without any proper measurement of the land in question itself. In the circumstances, the District Magistrate, Bhojpur may direct the Sub-Divisional Officer, Piro to have a measurement whether the said shop of the petitioner has been constructed on her own land or whether it has been constructed on public land. In case, the report is in favour of the petitioner, it would be open to the petitioner to make a representation before the Executive Engineer, Electric Supply - 5 - Division, Ara in respect of her grievances. With the aforesaid observation, this writ application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)