Pradeep Kumar Vs The Managing Director and Ors.

Appearance : For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate For the State : Mr.Abbas Haider, SC 6 For the Respondent : Mr. Ritesh Kumar, Advocate Nos. 6 to 8

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT Date : 15-05-2025

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The petitioners have filed the Writ

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petition for the following reliefs:

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“That this is an application for issuance of appropriate writ/ writs, order/ orders, direction/ directions commanding the respondent authority to shift the transformer which has been installed at the entry point/ adjacent to

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the gate of petitioner situated at Naga Bigha Road, Patel Colony as such installed transformer in rainy season or in case of technical fault or breakage of earthing caused electrical power/ charges either in the earth or in the house of petitioner and all these shortcomings may be caused some mishappening to the children of the family or any other family members and despite several representation, no action has been taken for shifting of transformer by the respondent no. 6 till date.

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Petitioner further seeks Hon'ble Court's indulgence commanding the respondent authorities especially respondent no. 7 to execute the order dated 12.09.2016 issued by the respondent no. 7 whereby respondent no. 6 is directed to shift the transformer to a safer place which is available on the main road just 300 feets away from the present point of installation but still no action was taken even appeal preferred by petitioner before respondent no. 2 has been kept pending but still no action has been taken and petitioner, his family

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members and children of his family are compelled to live under fear psychosis under apprehension of mishappening which there is a rainfall/ short circuit at the installed transformer.

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Petitioner further seeks any other relief/ reliefs for which he is found entitled in the eye of law and in the facts and circumstances of the present case.”

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At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 26.03.2019 passed by the Division Bench of this Court in CWJC No. 5773 of 2019 (Kaushal Kumar Vs. The State of Bihar & Ors.) , this writ petition may also be disposed of on the same terms and conditions.

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After perusal of the aforesaid order, this Court is in agreement with the decision rendered in CWJC No. 5773 of 2019 (supra). The Court, after giving due consideration to the matter, is of the view that the complaint made by the petitioner does not warrant interference. It is

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within the absolute discretion of the respondents to determine where and when a transformer should be set up. No issue of statutory violation has been raised in the complaint, and, therefore, this Court refrains from exercising its extraordinary jurisdiction.

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