Pushp Raj And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10943 of 2017 ====================================================== 1.

Pushp Raj, Son of Late Keshari Kishore Singh, 2.

Pushpak Kumar, Son of Late Keshari Kishore Singh, Both resident of Village- Manjhaul, Police Station- Cheria Bariarpur, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Begusarai.

3.

The Chief Engineer, Bihar State Power Transmission Company Limited, Patna.

4.

The Executive Engineer, Bihar State Power Transmission Company Limited, Begusarai.

5.

The Sub Divisional Officer, Sadar Manjhaul, Begusarai. 6.

The Superintendent of Police, Begusarai.

7.

The Cirlce Officer, Nawkothi, Begusarai.

8.

The Deputy Collector, Land Reforms, Manjhaul, Begusarai. 9.

The Senior Manager, M/s Bajaj Electrical Limited, Patna, 5th Floor, Harshbardhan Acerade, Frazer Road Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahasweta Chatterjee, Advocate For the Respondent/s :

Mr. Raj Kishore Roy-GP18 For the BSPTCL :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 08-05-2025

1. Heard learned counsel for the parties.

2. The petitioners have filed the instant application for the following reliefs:

"(i) That an appropriate writ may be issued commanding upon the

2/4 respondent nos. 2, 3, and 9 to take necessary action for removing the transmission tower installed by the Respondent No. 9 on the plot nos. 484, 485 and 486 to Khata No. 2 of Mouja Maheshwara, Anchal Nawakothi, within the District of Begusarai and over head transmission wire of 132 KV or in the alternative to pay compensation and rent to the petitioner at the market rate immediately with interest as contemplated under the Indian Electricity Act.

(ii) That an appropriate writ may be issued commanding upon the respondent- authority to pay the petitioner the cost of the tree causing damage by cutting the trees of Papaya and brinjal.

(iii) Any other relief or reliefs may be granted to the petitioner as he is found legally entitled to in the facts and circumstances of the case."

3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 26.06.2024 passed in CWJC No. 17625 of 2016

3/4 (Lalmuni Devi Vs. The State of Bihar & 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 Power Grid Corporation of India Ltd. reported in 2017(2) PLJR (SC) 152, 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 the aforesaid judgment passed in CWJC No. 17625 of 2016 (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

4/4 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 08.05.2025 Transmission Date