Vibha Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8169 of 2016 ====================================================== Vibha Sinha W/o Late Ram Naresh Prasad Singh, resident of village- Kanhara Raghu, P.S. Bochaha, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Department of Land Reforms, Bihar, Patna 2.

The Collector-cum-District Magistrate, Muzaffarpur. 3.

The Sub-Divisional Officer, Muzaffarpur, East. 4.

The Circle Officer, Bochaha, District- Muzaffarpur. 5.

The District Land Acquisition Officer, Muzaffarpur. 6.

The Bihar State Electric Transmission Company Limited, through its Secretary, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suneil Kumar Thakur, Advocate For the Respondent/s :

Mr. Anil Kr. Sinha, GA 9 Mr. Vinay Kirti Singh, Advocate Mr. Akhileshwar Singh, Advocate Mr. Venkatesh Kirti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2024 Heard learned counsel for the parties.

2. This writ application has been filed to quash the notices dated 22.02.2016 and 28.04.2016 whereby petitioner has been informed that the Bihar State Electric Transmission Company Ltd. is authorized to make foundation of transmission towers erection and wire pulling without acquiring the land for which payment would be made for the damages done to the standing crops and trees, if any and further to direct the respondent authorities to make payment of the compensation amount to the petitioner for her land measuring an area of 22

Patna High Court CWJC No.8169 of 2016(2) dt.16-01-2024 2/3 decimals falling under Khesra No. 896, Khata No. 173 Thana No. 716 situated in village- Kanhara Raghu, P.S. Bochacha, District- Muzaffarpur.

3. Learned counsel for the State raises preliminary objection to the effect that statutory alternative remedy is available to the petitioner by way of filing an application under Section 16(3) of the Indian Telegraph Act, 1885 which reads as:

"Section 16.

Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority.

(3) If any dispute arises concerning the sufficiency of the compensation to be paid under section 10, clause (d), it shall, on application for that purpose by either of the disputing parties to the District Judge within whose jurisdiction the property is situate, be determined by him."

4. Learned counsel for the petitioner does not dispute the above proposition.

5. Taking into consideration the aforesaid facts of the case, this writ petition is disposed of with liberty to the petitioner to file an application before the concerned District Judge along with all the relevant documents in support of the claim.

6. With the aforesaid observations, writ petition is

Patna High Court CWJC No.8169 of 2016(2) dt.16-01-2024 3/3 disposed of.

(Prabhat Kumar Singh, J) Navya/- U