Chandra Shekhar Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17907 of 2017 ====================================================== Chandra Shekhar Prasad S/o Late Jagarnath Prasad R/o Village - Karihara, P.O. - Tankuppa, P.S. - Tankuppa, District - Gaya. ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Energy Department, Government of Bihar, Patna 2.
The District Magistrate, District - Gaya.
3.
The Public Grievance Redressal Officer, District - Gaya. 4.
The Executive Engineer, India Power Corporation Bodh Gaya Ltd. 1st and 2nd Floor, Zion Complex, District Gaya 5.
The Junior Engineer, India Power Corporation Bodh Gaya Ltd. 1st and 2nd Floor Zion Complex, District Gaya 6.
The Legal Officer, India Power Corporation Bodh Gaya Ltd 1st and 2nd Floor, Zion Complex, District 7.
The Deputy Manager, India Power Corporation Bodh Gaya Ltd. 1st and 2nd Floor, Zion Complex, District Gaya 8.
The Chief Manager, South Bihar Power Distribution Company Ltd., District - Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Giri, Advocate For the Respondent/s :
Mr.Yogendra Prasad Sinha - AAG 7 For the BSPHC :
M/s Anand Ojha, Sr. Advocate Asheen Kumar Karna A.Ray, Advocates ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 19-06-2025
1. Heard the Learned counsel for the parties.
2. The petitioner has filed the instant application for the following reliefs:
"That this is the writ petition being filed before this Hon'ble High Court on behalf
2/4 of the aforesaid petitioner for issuance of a writ in the nature of Mandamus whereby and where under commanding and directing the respondents to remove/ shift the electric pole / line installed upon the lands bearing Khata nos. 13 and 14 appertaining to Plot nos.
1592, and 1592/1682 measuring total area 22 1⁄2 decimal (hereinafter referred as land) falling within Mauza Paroria Thana No. 300, P.S- Tankuppa, DistrictGaya. And further prayer of the petitioner is to command and direct the respondents to make suitable compensation to him as per the provisions of law as prescribed in that behalf."
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
3/4 Textiles & Industries Ltd & Ors. 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) 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
4/4 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 20.06.2025 Transmission Date