IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5192 of 2010 1. M/S DEEPAK PLYWOOD, A PROPRIETORSHIP FIRM, HAVING ITS PLACE OF BUSINESS AT ARARIA R.S., P.O. ARARIA R.S., P.S. ARARIA, DISTT.- ARARIA THROUGH ITS PROPRIETOR MANOJ KUMAR KEDIA, S/O SHRI BASUDEV PRASAD KEDIA, R/O KEDIA TOLA, P.S. & DISTT.- ARARIA Versus 1. THE BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN 2. THE GENERAL MANAGER CUM CHIEF ENGINEER, B.S.E.B., PURNEA ELECTRIC SUPPLY, PURNEA 3. THE ELECTRICAL SUPERINTENDING ENGINEER, B.S.E.B., PURNEA ELECTRIC CIRCLE, PURNEA 4. THE ELECTRICAL EXECUTIVE ENGINEER, B.S.E.B., ELECTRIC SUPPLY DIVISION, FARBISGANJ 5. THE ASSISTANT ELECTRICAL ENGINEER, B.S.E.B., ELECTRIC SUPPLY SUB DIVISION, ARARIA ----------- 2 12.04.2010 A counter affidavit has been filed on behalf of the Electricity Board wherein there is no dispute with regard to the justification of grievance of the petitioner but Electricity Board expresses helplessness in the matter because of untoward situation being created by local administration. With consent of parties, this writ petition is being disposed of at this stage itself. The petitioner had, in the year 2007, applied for a high tension electric connection to the Bihar State Electricity Board, Electric Supply Subdivision, Araria. As mandated by law, the connection had to be given within one month or such reasonable time that is required to lay out cabling and other equipment to reach electricity to petitioner’s premises. Electricity Board states that it made several attempts to erect poles to take electricity to petitioner’s premises but because of some vested interest of people 2 on en route, this was obstructed. Electricity Board kept changing the lay out to accommodate the people and ultimately along public road, poles have already been erected to take electricity to petitioner’s premises from Electricity Board’s 33 KV line. Again with help of local Magistrates and police protection, when work was being done which could have been completed in another half an hour, suddenly police protection and the Magistrates were withdrawn apparently on an order from the Civil SDO who happens to be a lady and was approached by a number of ladies of the locality. The result is that petitioner, which is an Industry, remains without supply of electricity for over two years. Electricity Board is helpless in the matter and now the district administration has also withdrawn its cover. In my view, the law of the land that prevails is for the district administration to assist in a possible manner to see that the Electricity Board is able to comply with its statutory obligations. If electric poles have been erected along the public road for taking electricity to petitioner’s premises then no member of public can object. Even if, for any reason they object, it is the duty of district administration to see that they are not obstructing the work of the Electricity Board because Electricity Board has a statutory right and a statutory duty in this regard. It would have been a different contingency if high tension wire was to be taken over from private houses which is not the case now. As per drawing attached by the Electricity Board to its counter affidavit, it is evident that the cable 3 is in public road. The objection of public around is meaningless in such a situation. I, therefore, direct the District Magistrate –cum- Collector, Araria and the Superintendent of Police, Araria to immediately deputy adequate Magistrates and police force to see that the electric line, as being laid by the Electricity Board, is laid out and energised without any difficulty and any person obstructing the work has to be dealt firmly with. The Subdivisional Officer, Araria will not interfere in the work of the Electricity Board in any manner. Collector and SP, Araria would ensure that no sooner request is made by the Electricity Board, within 24 hours, all arrangements by the district administration would be done so that the Electricity Board’s work can be carried out peacefully. The directions of this Court shall be obeyed by the district authorities without demur. This disposes of the writ petition. M.E.H./ (Navaniti Prasad Singh)