← Library
Patna High CourtCWJC/15541/2018disposed

Rupak Kumar Pandey @ Rupak Kumar v. The State Of Bihar And ANR

2024-11-19Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15541 of 2018 ====================================================== Rupak Kumar Pandey @ Rupak Kumar Son of Sri Sheo Shankar Pandey, Resident of Hassanpur, Ward No.6, Kalawat Nagar, P.S.- Raniganj, DistrictAraria. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate cum collector, Araria 2.

The Alipur Duar Transmission Limited having Registered Office 408 4th Floor, Sum Dutta Chambers II Bhikaji cames place, New Delhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Sinha For the Respondent/s :

Mr.Prashant Pratap- Gp2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 19-11-2024 In the instant petition, petitioner has prayed for the following relief(s):- (i) To Direct the respondents not to take illegal possession of the land of the petitioner and restrain them from installation of electric tower.

(ii) To Direct the respondents to make Suitable Compensation after proper valuaton as per new rate of land the petitioner preferable four times of correct market rate in case of installation of Electric Tower.

(iii) To Direct Respondents to asser the valuation of crops standing in the land of the petitioner and there after make the suitable Compensation.

(iv) To any other reliefs

Patna High Court CWJC No.15541 of 2018 dt.19-11-2024 2/3 to which the petitioner is entitled in the fact and circumstances of the case.

2. Learned counsel for the petitioner submits that the land appertaining to Khata No. 519, Khesara No. 817 and 2415 situated in Mauza Hassanpur, P.S. Raniganj, District Araria belongs to the petitioner and he has approached before the District Magistrate, Araria regarding the land in question whereby the Respondent No.- 2 has installed the electric tower on the said land without following proper procedure for acquiring the said land in question. He further submits that no notice has been issued to the petitioner before installation of electric tower on the land in question. He further submits that no compensation amount has been paid to the petitioner with regard to the land in question as well as damaged crops till today. Petitioner has made representation before the District Magistrate, Araria for redressal of his grievance, but no action has been taken and the same is still pending.

3. Learned counsel for the State submits that no official receipt has been filed by the petitioner in the writ petition which indicates that petitioner has represented his grievance before the District Magistrate, Araira.

4. Considering the facts and circumstances of the present case as well as arguments advanced on behalf of the

Patna High Court CWJC No.15541 of 2018 dt.19-11-2024 3/3 parties, the instant writ petition stands disposed of with direction to the petitioner to represent his grievance before the competent authority with regard to the compensation in respect of the land in question as well as the damaged crops within four weeks from the date of receipt of this order. If the petitioner represents his grievance within the stipulated period, the concerned authority is hereby directed to pass appropriate order, in accordance with law.

(Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21.11.2024.

Transmission Date N/A