Vishwa Ranjan Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20511 of 2016 ====================================================== Vishwa Ranjan Pandey S/o Late Harindra Pandey resident of village - Sherukahin, P.O. - Kabilpur, P.S. - Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Energy Department, Govt. of Bihar, Patna. 3.

The Chief Manager, Power Grid Corporation of India. 4.

The District Magistrate, Muzaffarpur, District - Muzaffarpur. 5.

The General Manager Cum Chief Engineer, Transmission Zone - Muzaffarpur.

6.

The Executive Engineer, Transmission, Zone - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. Arun Kumar, AC to GP 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 12-11-2024

1. Heard learned counsel for the parties.

2. The writ petition has been filed for issuance of an appropriate Writ in the nature of mandamus, commanding and directing the Respondent authorities to pay the compensation of the land occupied by electricity transmission tower as well as crops loss per tower location at the market value of the land in question and also interest of the amount of compensation till date of payment.

3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered

Patna High Court CWJC No.20511 of 2016 dt.12-11-2024 2/3 under the order dated 19.03.2024 passed in CWJC No. 8470 of 2022 (Nizamuddin Ansari Vs. The Bihar State Power Holding Company Limited & Ors.) by this Court in which this Court has passed the order in light of a judgment passed by the Hon'ble Apex Court in the case of Chairman Grid Corporation of Orrisa Ltd. & Ors. Vs. Sukmani Das & Anr reported in (1999)-7 SCC 298 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 make 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. 8470 of 2022 and also with liberty to the petitioner to seek necessary compensation by approaching the concerned Civil Court and in case, any such petition is filed, the same is expected to be disposed of expeditiously by the learned court below. It is needless to state that in case, appropriate petition is filed within a period of four weeks from today, the same shall be examined and considered on merits by the appropriate court and

Patna High Court CWJC No.20511 of 2016 dt.12-11-2024 3/3 shall dispose of the case preferably within four months.

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 13.11.2024 Transmission Date