Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4806 of 2020 ====================================================== 1.

Pramod Mahto Son of Ram Awadh Mahto, R/o Sundarpur,P.S. Sheohar, District- Sheohar.

2.

Nutan Kumari, W/o Dharmendra Kumar, R/o Vill- Barahi Jiva, P.S. Bathnaha, District- Sheohar.

3.

Lal Babu Rai, Son of Raghunath Rai, R/o Vill- Nimahi, P.S. Tariyani, District- Sheohar.

4.

Sunita Devi, W/o Umesh Rai, R/o Vill Sugiya Katsari,P.S. Sheohar, DistrictSheohar. 5.

Laxmi Narayan Rai, Son of late Raj Mangal Rai, R/o Vill- Rajadih, Vrindawan, P.S. Tariyani, District- Sheohar.

6.

Pukari Devi, W/o Raghunath Rai, R/o Village- Kolhua, Thikha, P.S. Purnahia, District- Sheohar.

7.

Anju Devi, W/o Bajrangi Prasad, R/o Vill- Chhatauni, P.S. Tariyani , District- Sheohar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms and Revenue Department, Old Secretariat, Patna.

2.

The District Collector, Sheohar.

3.

The Sub Divisional Officer, Sheohar,.

4.

The Circle Officer, Sheohar.

5.

The Power Grid Corporation of India Ltd. through its Managing Director having its Regional Office at Board Colony Shashtri Nagar Near Transformer Repairing Ground, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Shankar Das For the Respondent/s :

Mr. Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-03-2020 This petition filed on 29.02.2020 is listed for hearing for the first time today before the Court.

Patna High Court CWJC No.4806 of 2020(2) dt.03-03-2020 2/3 Petitioners have prayed for the following reliefs:- "(I). To direct the respondents not to erect a 400 KV/DC transmission line running from the land of the petitioner passing across the house of the petitioner situated in village Sundarpur, Kharauna under the District of Sheohar, where the power greed corporation going to erect such transmission line upon the above of the house of the petitioners crossing their lands illegally and further to prohibit the transmission line illegally going to construct by power greed Mithlanchal transmission ltd. It is further direction to the Respondents not to disturb the pucca construction house constructed in their private land where the circle officer of Sheohar with the help of engineers of electric department power greed disturbing. The petitioners and others reside and living after constructing their houses in question and having in peaceful possession of that very land where residential house situated.

(ii). To provide adequate facility/protection to the petitioners which are in danger at the hands of constructors and the engineers of the power greed corporation and further to quash the proceeding which has been initiated U/S 144 of the Cr.P.C. against the petitioners illegally the petitioners and others are being disturbed by the assistant engineer, contractor of power greed corporation Mithlanchal Transmission Ltd. posted at Sheohar as Junior Engineer as well as Circle Officer, Sheohar. The police forces were forcefully going to remove the house of the petitioners illegally where the family members of the petitioners are on strike peacefully where the local administration and others are giving threatening to the petitioners and trying to remove the houses of the petitioners by erecting heavy electric pole above the house of the petitioners."

Patna High Court CWJC No.4806 of 2020(2) dt.03-03-2020 3/3 After the matter was heard for some time, learned counsel for the petitioners submit that petitioners shall be content if a direction is issued to the concerned respondent no.5 to consider and decide the representation, which they shall be making within a period of two weeks from today. Learned counsel for the respondents states that upon receipt of such representation, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. The petition is accordingly, disposed of reserving liberty aforesaid.

(Sanjay Karol, CJ) ( S. Kumar, J) mdrashid/- U