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Patna High CourtCWJC/10030/2017disposed

Sanjay Kumar Sharma v. Bihar State Power Transmission Company Limited And ORS

2025-05-07Justice Smt. G. Anupama Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10030 of 2017 ====================================================== Sanjay Kumar Sharma S/o- Chandarma Singh, Resident of VillageDariyapur, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

Bihar State Power Transmission Company Limited through its Chairmancum-Managing Director, Vidyut Bhawan, 4th Floor, Bailey Road, Patna 2.

Chairman-cum- Managing Director, Bihar State Power Transmission Company Limited, Vidyut Bhawan, 4th Floor, Bailey Road, Patna 3.

Director, Bihar State Power Transmission Company Limited, Vidyut Bhawan, 4th Floor, Bailey Road, Patna 4.

Chief Engineer, Bihar State Power Transmission Company Limited, Vidyut Bhawan, 4th Floor, Bailey Road, Patna 5.

Executive Engineer, Bihar State Power Transmission Company Limited, Bihta, Patna.

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 07-05-2025

1. Heard learned counsel for the parties.

2. The petitioner has filed the Writ application for the following reliefs:

" A Writ in the nature of a certiorari or any other appropriate writ/writs, order/ orders, direction / directions commanding the respondents not to make any construction on the lands of the petitioner appertaining to Khata Nos. 296 and 303 of Plot Nos. 2695 and 2696 in vgillage Dariyapur falling

Patna High Court CWJC No.10030 of 2017 dt.07-05-2025 2/3 within Bihta Police Station."

3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 19.03.2024 passed in CWJC No. 8470 of 2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Limited & Ors.) by this Court in which this Court has passed the order in light of the judgment passed by the Hon'ble Apex Court in the case of Chairman Grid Corporation of Orrisa Ltd. & Ors. Vs. Sukmani Das & Anr reported in (1999) 7 SCC 298, this writ petition may also be disposed of on the same terms and conditions.

4. After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to file appropriate application for compensation before the appropriate authority.

5. Having regard to the submissions made by the learned counsel for the petitioner, the present writ petition stands disposed of in terms of

Patna High Court CWJC No.10030 of 2017 dt.07-05-2025 3/3 the aforesaid judgment passed in CWJC No. 8470 of 2022 (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such petition is filed within a period of four weeks from the date of receipt of copy of this order, the same shall be examined and considered on merits by the appropriate court and shall be disposed of expeditiously.

6. With the aforesaid direction the writ petition stands disposed of.

7. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.05.2025 Transmission Date