Md. Asfaque Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16931 of 2017 ====================================================== Md. Asfaque Ansari son of Late Mohiuddin Ansari, resident of Village, P.O. and P.S.- Laukaha and District- Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar through its Secretary, Energy Department, Patna, Bihar 2.

The District Magistrate, Madhubani.

3.

Sub- Divisional Officer, Madhubani.

4.

Superintendent of Police, Madhubani.

5.

Officer- Incharge, Laukaha, P.S. Madhubani.

6.

Block Development Officer, Madhubani.

7.

Chief Managing Director, Bihar State Power Holding Company, Private Limited, Bidhut Bhawan, Baily Road, Patna 8.

Executive Engineer, Electric Officer, Madhubani. 9.

Sub- Divisional Officer, Electric Office, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammed Abu Haidar For the Respondent/s :

Mr.Abbas Haider -Sc6 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 20-06-2025

1. Heard the Learned counsel for the parties.

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

"1. That, this writ petition is being filed for issuance of an appropriate writ and/or direction, Commanding the respondents-

2/4 authorities to restrain the respondent nos. 7 to 9 from the work of the transmission line which is being erected on the lands of the petitioner as well as to remove of electrical pole which is without any process/proceeding under the law and notice to the petitioner or any other relief or reliefs which the petitioner is entitled to."

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 (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 The Power Grid Corporation of India Limited vs Century Textiles & Industries Ltd & Ors. reported in 2017(2) PLJR (SC) 152, this writ petition may also be disposed of on the same terms and

3/4 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) in light of the judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited (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.

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

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.06.2025 Transmission Date