Lal Moti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6408 of 2019 ====================================================== Lal Moti Devi Wife of Late Krishna Chandra Singh, Resident of VillageDhanupra, P.S. - Saraiya, District-Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Energy Department, Government of Bihar, 8 Daroga Rai Path, Patna-800001 2.
The Chairman-cum-Managing Director, Bihar State Power Holding Company Ltd. 1st floor, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna 3.
The Managing Director, North Bihar Power Distribution Ltd. Patna 4.
The District Magistrate, Muzaffarpur.
5.
The Executive Engineer, Electricity Transmission Division, Muzaffarpur. 6.
The Assistant Executive Engineer, Electricity Transmission Division, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Sharma, Advocate For the Respondent/s :
Mr. Kinkar Kumar ( SC9 ) Ms. Deepika Sharma, A.C. to S.C.9 Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 28-11-2022 Petitioner has prayed for the following relief(s): "A. For the direction to the concern respondent authority for payment of monetary compensation to the petitioner whose raiyati residential land situated in Mauza Danpura vide Khata No. 215, Khesra No. 2793, Area- 20 Decimal and another land vide Khata No. 215 Khesra No. 3055, Area- 2.5 Decimal, without giving any notice under Land Acquisition Act or
Patna High Court CWJC No.6408 of 2019 dt.28-11-2022 2/3 without obtaining consent from the petitioner illegally acquired the aforesaid land by the respondent authority and construct a Electricity Power Sub-Station of 3311 K.V and on remaining land respondent authority made installation of electric overhead line of capacity 11000 KV over to the said raiyati land of petitioner, for which no monetary compensation paid by the respondent authority till date.
B. And for any other reliefs/reliefs for which the petitioners are found to be entitled under the provision of law involved in the present case."
Learned counsel for the respondents, states that similar petition being C.W.J.C. No. 10609 of 2020, titled as Sushma Kumari @ Sushma Devi Vs. The Managing Director, South Bihar Power Distribution Co. Ltd., was disposed of by a co-ordinate bench of this Court vide judgment dated 17.01.2022, and the present petition may also be disposed of in the light of the said petition.
Learned counsel for the petitioner has no objection to the same.
In view of the same, as mutually agreed, the instant petition stands disposed of in terms of the judgment dated 17.01.2022 passed by this Court in C.W.J.C. No. 10609 of 2020 titled as Sushma Kumari @ Sushma Devi Vs. The Managing Director, South Bihar Power Distribution Co. Ltd., making
Patna High Court CWJC No.6408 of 2019 dt.28-11-2022 3/3 the directions issued therein applicable mutatis mutandi, to the extent possible also to the instant case.
Petitioner shall approach the respondents inviting their attention of the factual matrix and the law as applicable thereto, who shall consider and decide the same within a period of three months.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Saurabh/Sujit AFR/NAFR CAV DATE Uploading Date 30.11.2022 Transmission Date