Shivmohan Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19451 of 2015 ====================================================== Shivmohan Singh S/o Late Lakhman Singh, Resident of Villae -Nadokher, P.O. - Awavaja, P.S. - Khidhe, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The Union of India 2.

The State of Bihar through Chief Secretary Govt. of Bihar, Patna. 3.

Secretary, Energy Department Govt. of Bihar.

4.

C.M.D. Bihar State Power Transmission Company Limted. 5.

The District Magistrate Kaimur of Bhabhua.

6.

Executive Engineer, Bihar State Power Holding Company Limited Udyam, Transmission Circle Mathurepur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the State : Mr. Prem Ranjan Raj, AC to Standing Counsel-7 For the B.S.P.H.C.L.

: Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate For the Union of India : Mr. Arvind Kumar Tewary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-03-2023 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of writ in the nature of mandamus or any other appropriate direction commanding the respondents to pay value of land, measuring 400 square fit, used in Making Tower of Transmission line namely, Nadokher grid to Ara P.L.C. 12 Cilo 220 K.V. upon the land of petitioner, having Khata No. 41 plot no. 75 Mauza Madokhar Pragna. Chainpur, District-Kaimur, Bhabua.

(ii)For issuance of writ in the nature of Mandamus or any other appropriate writ/direction commanding the respondents

Patna High Court CWJC No.19451 of 2015(2) dt.24-03-2023 2/2 to pay monthly rent to the petitioner from the above the said land used in making Transmission Tower."

At the outset, the learned counsel for the parties are in agreement that the law laid down by the Hon'ble Apex Court in the case of Power Grid Corporation of India Limited vs. Century Textile & Industries Ltd & Ors., reported in 2017(2) PLJR 158 (SC), would govern the present case.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Civil Court, Kaimur at Bhabua for redressal of his aforesaid grievances.

Liberty so sought is granted.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/sonalU