Ramji Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15538 of 2015 =========================================================== Ramji Prasad Son of Late Ragho Prasad, retired Engineer Resident of village - Hathi Yanwa, Police Station - Khijarsarai, District - Gaya at Present residing at Ajanta Colony Keshri Nagar, behind Navin Vikash School, Patna 800024 .... .... Petitioner/s

Versus

1. The State of Bihar through General Manager, Electric Supply Department, Patna, Bihar

2. The Deputy General Manager Cum Electrical Superintending Engineer, Electrical Supply Circle, Gaya

3. Electrical Executive Engineer, Electric Supply Division, Gaya ( Rural ) Chandauti Gaya

4. Assistant Electrical Engineer Electric Supply Division Gaya ( Rural ), Chandauti, Gaya

5. The Junior Electrical Engineer, Electrical Department, Khijarsarai, Gaya .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Vinay Kirti Singh, Senior Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-10-2018 As none appeared on behalf of the petitioner, the matter was passed over for a few cases. However on repeat call, the petitioner was again not represented.

2. The present writ petition has been filed for a direction to the respondents to remove Electrical pole and Transformer from the land of the petitioner established in the middle of the fertile agricultural land without notice and his consent.

3. Learned counsel for the respondents states that the issues in the present writ petition now stand resolved in view of the

Patna High Court CWJC No.15538 of 2015 dt.26-10-2018 2/2 judgment of the Hon'ble Supreme Court in Civil Appeal No. 10951 of 2016 (The Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited and others) and analogous cases, inter alia, observing in paragraph-21 of the said judgment that the Telegraph Authority would be obliged to pay full compensation to all persons interested for any damage sustained by them. It has further been observed in paragraph-26 of the judgment that the appropriate course of action is to file a Suit before the concerned District Judge for the purpose.

4. In the above view of the matter, the writ petition stands disposed of in the light of the aforesaid judgment of the Hon'ble Supreme Court in Civil Appeal No. 10951 of 2016 (The Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited and others) and analogous cases.

(Vikash Jain, J) N.H./- Ibrarul Haque AFR/NAFR NAFR CAV DATE N/A Uploading Date29-10-2018 Transmission Date N/A