G. S. Residential School Vs The Bihar State Power Holding Company Ltd. and Ors.

(i) For issuance of an appropriate writ/order/direction commanding the Respondents to forthwith modify the wiring of the Hi-Tension wire as per law for the purpose of facilitating the Electric connection to the Jai Hanuman Rice Mill.

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(ii) For issuance of an appropriate writ/order/direction commanding the

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Patna High Court CWJC No.12323 of 2017 dt.14-05-2025 2/6

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Respondents to ensure safe wiring of HiTension electric wire which is endangering the lives of the students and the local villagers.

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(iii) For grant of such other relief(s), the petitioner would be found entitled to, on the facts and in the circumstances of the case.

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(2.) The brief facts culled from the writ petition are that the petitioner’s school is a legal entity and has gained a good reputation within the District of Rohtas. More than 800 students are studying in the school, and several vehicles, including buses and four-wheelers, are being used for their conveyance. The petitioner’s school is situated on Malwar Road, which is connected to the six-lane G.T. Road. One Jai Hanuman Rice Mill is located on the same road, approximately 500 meters from the G.T. Road, and the respondents have facilitated an electricity connection to the said mill by installing an overhead line of 33,000 volts on cement poles alongside the road. This overhead line has been installed solely to supply electricity to a

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Patna High Court CWJC No.12323 of 2017 dt.14-05-2025 3/6

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single consumer, i.e., Jai Hanuman Rice Mill. As per the Electricity Supply Code, high-voltage wires of 33,000 volts for supplying electricity to consumers must be installed on high-rail poles and in the straightest possible line. However, in this case, the installation has followed the curvature of the road, and due to the use of cement poles and a casual approach during installation, the high-voltage wires are hanging at several points over the public road. The petitioner contends that school buses, which use the same road, are at risk of coming into contact with these wires, thereby endangering the lives of children and school staff.

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It is further contended by the petitioner that several representations were submitted requesting the removal or rectification of the dangerously hanging wires in accordance with applicable rules and regulations, but the respondents have failed to take any corrective action.

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A detailed counter affidavit was filed denying all allegations made in the writ petition. According to the respondents, the electricity

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connection to Jai Hanuman Rice Mill was provided long ago, and the school was constructed subsequently. The wiring was carried out in accordance with the norms prescribed under the Electricity Act. The respondents also assert that while the road height has increased due to periodic repairs, the wiring, which was laid years ago, remains undisturbed. They claim that the wiring is still significantly above ground level and does not affect even the school buses, which are taller than standard buses. It is submitted that the school was established with full knowledge of the high-tension wires, and any risk to student safety arises solely due to the school's location on a busy road. Furthermore, they argue that replacing the entire wiring infrastructure would be prohibitively expensive and would place an undue burden on the state exchequer.

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Heard the learned counsel for the petitioner as well as the Learned counsel for the respondents.

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The learned counsel for the petitioner specifically contended that multiple representations were submitted to the respondent authorities, yet no decisions have been made and the requests remain pending. On the other hand, the learned counsel for the respondents argued that as per the “selfscheme” policy, if a person desires the high-tension wiring to be raised, they must first deposit the required amount with the respondent authorities.

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Upon considering the entire material on record, this Court is of the considered view that the representations submitted by the petitioner should be duly disposed of by Respondent No. 4. The petitioner is granted liberty to file a fresh representation before the appropriate authority within three weeks from the date of receipt of a copy of this order. In turn, the respondent authority shall dispose of the representation, taking into account the factual circumstances, and pass an appropriate order within two months from the date of filing of the representation.

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8. With the abovesaid direction, the writ

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petition shall stand disposed of.

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(G. Anupama Chakravarthy, J)

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vinita/-

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AFR/NAFR	NAFR
CAV DATE	N A
Uploading Date	15.05.2025
Transmission Date

G. S. Residential School v. The Bihar State Power Holding Company Ltd. and Ors.

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G. S. Residential School v. The Bihar State Power Holding Company Ltd. and Ors.

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