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2026 DAILYLAW 24477 (CHH)

SMT. AMRITA TIRKEY v. STATE OF CHHATTISGARH

WPC/3351/2026 · 2026-07-01

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:27074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3351 of 2026 Smt. Amrita Tirkey W/o- Late Isheen Kujur, Aged About 40 Years R/o- Village Karacha, P.S. Chando, District- Balrampur- Ramanujganj (C.G.), Aadhar No. 5543-6699-9883 ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Energy, Mahanadi Bhawan, Nava Raipur, District- Raipur (C.G.) 2 - Chhattisgarh State Power Transmission Company Limited, Through Its Managing Director, Danganiya, Raipur (C.G.) 3 - Chhattisgarh State Power Distribution Company Limited, Through Its Managing Director, Danganiya, Raipur (C.G.) 4 - The Superintending Engineer, C.S.P.T.C.L/c.S.P.D.C.L., Circle Balrampur- Ramanujganj (C.G.) 5 - The Executive Engineer, C.S.P.T.C.L./c.S.P.D.C.L., Division Ramanujganj, District- Balrampur- Ramanujganj (C.G.) 6 - The Sub- Divisional Officer (Electrical), C.S.P.D.C.L., Division Ramanujganj, District- Balrampur- Ramanujganj (C.G.) 7 - District Collector, District- Balrampur- Ramanujganj (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Vimal Pathak, Advocate For State/Respondents No.1 & 7 : Mr. Anand Dadariya, Deputy Advocate General For Respondents No.2 to 6 : Ms. Astha Shukla, Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.07.03 11:02:01 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 02.07.2026 1. Heard. 2. The petitioner has filed this petition with the following relief(s) :- “10.1 That this Hon'ble High Court may be pleased to Issue an appropriate writ, order or direction, preferably a writ of mandamus, directing the respondent authorities to forthwith remove, shift, realign or otherwise re-route the high voltage overhead electric line presently passing above the petitioner's house under construction on Khasra No. 481/3. 10.2 That this Hon'ble High Court may kindly direct the District Collector, Balrampur- Ramanujganj, to consider and decide, by a reasoned and speaking order, the petitioner's pending representation (Annexure P/1) for removal/alteration of the high-tension overhead line within such period as this Hon'ble Court may deem fit. 10.3 That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.” 3. By filing the present petition, the petitioner calls in question the arbitrary and illegal inaction on the part of the respondent electricity authorities in not removing/relocating the high-tension electric line/pole existing over the petitioner’s land bearing Khasra No. 481/3, despite repeated representations, and seeks a direction to the respondents to redress her grievance in accordance with law. 3 4. Learned counsel for the petitioner submits that an electric pole carrying a 33 KV high-tension line was erected over the land in question prior to purchase of the said land by the petitioner and thereafter the petitioner has purchased the said land for residential purposes. It is further submitted that after purchase of the land and commencement of construction of the residential house thereon, the petitioner found that the said high-tension line/pole is causing serious obstruction in raising construction over the land and is also posing danger to life and property. Learned counsel further submits that, therefore, the petitioner has preferred representations before the competent authorities for removal/relocation of the said pole/high-tension line to some other suitable place so that the petitioner may peacefully use and enjoy the land purchased by her. However, despite filing such representations, no effective action has been taken by the respondent authorities till date. It is thus prayed that an appropriate direction be issued to the competent authority to consider the grievance of the petitioner and take necessary steps for shifting/removal/realignment of the said high-tension line/pole in accordance with law. 5. Learned counsel appearing for respondents No.2 to 6 submits that for redressal of the petitioner’s grievance, the petitioner is required to file an appropriate application before the competent authority of CSPDCL in the prescribed proforma along with the 4 requisite fee and only thereafter the grievance of the petitioner can be considered and redressed in accordance with law. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, the grievance raised by the petitioner and also the submission made by learned counsel for respondents No.2 to 6, this writ petition is disposed of with liberty to the petitioner to file an appropriate application before the competent authority of CSPDCL in the prescribed format along with the requisite fee, within a period of 15 days from today. In the event such application is filed by the petitioner within the aforesaid period, the competent authority shall consider and decide the same strictly in accordance with law and pass an appropriate order thereon as expeditiously as possible, preferably within a period of 45 days thereafter. 8. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and the competent authority shall take an independent decision in accordance with law. 9. With the aforesaid observations and directions, the instant writ petition stands disposed of. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh