1 CGHC010248612026 2026:CGHC:28294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3527 of 2026 1 - Vimal Kumar Swarnkar S/o- Lt. Shri Bal Krishna Swarnkar, Aged About 60 Years R/o- Marrar Para, Ward No. 05, Near Chatrapati Shivaji School, Gaya Nagar, Durg, District- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary , Energy Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Collector And District Magistrate Durg, District- Durg (C.G.) 3 - Chhattisgarh State Power Distribution Company Limited, Through- Managing Director, Chhattisgarh State Power Distribution Company Limited, Danganiya Raipur, District- Raipur (C.G.) 4 - Executive Engineer, City Division Durg, Chhattisgarh State Power Distribution Company Limited, Durg, District- Durg (C.G.) 5 - Assistant Engineer, Chhattisgarh State Power Distribution Company Limited, Baghera Zone, Durg, District- Durg (C.G.) 6 - Junior Engineer, Chhattisgarh State Power Distribution Company Limited, Baghera Zone, Durg, District- Durg (C.G.) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Devendra Kumar Swarnkar, Advocate For State : Mr. Anand Dadariya, Deputy Advocate General For Respondents No.3 to 6 : Mr. Mayank Chandrakar, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 08.07.2026 1. Heard. 2. The petitioner has filed this petition with the following relief(s) :- “10.1 Issue a Writ of Mandamus or any other appropriate Writ, order, or direction, directing the Respondents to forthwith remove the unauthorized low tension distribution electric pole and its associated overhead cables erected on the Petitioner's land bearing Khasra No. 753/75, admeasuring 1000 square feet, situated at ward no. 03, Gaya Nagar, Durg, Chhattisgarh.; 10.2 Direct the Respondent electricity department to bear the entire cost of removal/relocation/shifting of the said electric pole, as it was erected on private land without the consent of the Petitioner; 10.3 Direct the Respondents to pay adequate compensation for the financial losses, mental agony, and suspension of construction work caused by their illegal action; 10.4 Pass such other orders and further directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 3 3. Learned counsel for the petitioner submits that the respondent authorities have arbitrarily erected an electric pole over the private land of the petitioner without issuing any prior notice, obtaining consent, or following the mandatory procedure prescribed under the Electricity Act, 2003 and the Rules framed thereunder. It is contended that such action amounts to illegal occupation of the petitioner's property and is violative of the petitioner's constitutional right guaranteed under Article 300A of the Constitution of India. Learned counsel further submits that the respondents, having themselves erected the electrical infrastructure without due process of law, cannot compel the petitioner to bear the cost of removal, shifting, or relocation of the said pole. It is also submitted that the electricity authorities are under a statutory obligation to remove or shift such infrastructure, particularly when the same causes inconvenience or poses a nuisance to the owner of the property. Learned counsel further submits that the Collector, Durg, has failed to exercise the supervisory and administrative powers vested in him to redress the grievance of the petitioner. Accordingly, it is prayed that the respondents be directed to remove/shift the electric pole at their own cost in accordance with law. 4. Learned counsel appearing for respondents No.3 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. 5. I have heard learned counsel for the parties and perused the material available on record. 6. 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.3 to 6, this writ petition is disposed of with liberty to the petitioner to file an appropriate application for shifting of the electricity pole 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. 7. 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. 8. With the aforesaid observations and directions, the instant writ petition stands disposed of. sd/- Sd/- (Amitendra Kishore Prasad) Judge vishakha