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Patna High CourtCWJC/13095/2018disposed

Md. Jawed Imam Ansari v. The State Of Bihar And ORS

2025-07-08Justice Smt. G. Anupama Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13095 of 2018 ====================================================== Md. Jawed Imam Ansari S/o Md. Sadar Ala @ Md, Sadar Ansari R/o villageMianchak, Ward no. 22, P.S.- Town Ratanpur O.P., District- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Deparment of Energy, Government of Bihar, Patna 2.

The Collector, District- Begusarai, Government of Bihar 3.

The Managing Director, Bihar State Power Transmission Company Ltd, 4th floor, Vidyut Bhawan, Bailey Road, Patna 4.

The Sub-Divisional Officer, Begusarai 5.

The Circle Officer, Begusarai 6.

The Chief Electrical Executive Engineer, Bihar State Power Transmission Company Ltd, Purnea 7.

The Chief Engineer Project-1 Bihar State Power Transmission Company Ltd, Patna 8.

The Chief Electrical Executive Engineer, Bihar State Power Transmission Company Ltd, Begusarai 9.

The Electrical Executive Engineer, Bihar State Power Transmission Company Ltd, Begusarai 10.

The Sub-Divisional Electrical Executive Engineer, Bihar State power Transmission Company Ltd, Begus ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Subash Pd. Singh- GA 3 Mr. Indeshwari Prasad, AC to GA 7 For the Power Transmission:

Mr. Ritesh Kumar, Advocate Company ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 08-07-2025

1. Heard the Learned counsel for the parties.

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

2/5 "....... for quashing of latter under memo no 919 dated 08.06.18 issued by the chef engineer (project-1), Bihar State Power transmission company limited, Patna, whereby & whereunder it has been held and admitted that work on plan of erecting tower and laying out the 220 K.V. high voltage electrical transmission line connecting Begusarai to Purnea within the Sub-Division of Begusaria, at location no. 33B, has been going on without giving appropriate compensation to the land owners including the petitioner, but still without deciding the same representation of the petitioner has been rejected saying that it does not warrant any action AND, for the issuance of Writ of MANDAMUS commanding the respondent authorities to go ahead with the old plan of erecting tower and laying out the 220 K.V. high voltage electrical transmission line connecting Begusarai to Purnea within the Sub- Division of Begusaria, at location no. 33B, only after making payment of appropriate compensation to the petitioner, whose plot of land was being used for erecting Tower.

AND, for the issuance of Writ of Writ of MANDMUS commanding the

3/5 respondent authorities to not to go ahead with the new plan of erecting tower and laying out the 220 K.V. high voltage electrical transmission line connecting Begusarai to Purnea within the SubDivision of Begusaria, at location no. 33B, which was arbitrarily and abruptly changed by some interested and influential officials under the influence of effecting parties and that too without any prior notice or hearing or acquiring the land of the petitioner, which came in the new alignment AND, for issuance of appropriate Order or Orders, Direction or Directions for which the petitioner may be found 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

4/5 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 forum.

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 District Judge 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 forum and shall be disposed of

5/5 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 09.07.2025 Transmission Date