Binod Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3300 of 2018 ====================================================== Binod Kumar S/o Sh. Kuresh Prasad Sharma R/o. Thana Road, P.O. and P.S. Khagaul, District- PatnaBihar.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Energy Department, Govt. of Bihar, Patna 2.
The District Magistrate, Patna.
3.
The Sub-Divisional Officer, Danapur, District- Patna. 4.
The Circle Officer, Danapur, District- Patna. 5.
The Officer Icharge, Danapur, Patna.
6.
The Land Acquisition Officer, Danapur.
7.
The Power Grid Corporation of India, having its registered Office at B-9, Qutub Institutional Area, 8.
The Executive Director, ER-I, Power Grid Corporation of India ltd.Patel Nagar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Archana Jha, Advocate For the Respondent/s :
Mr.Subhash Prasad Singh- GA-3 For the res. No. 7 &8 :
Mr.Harendra Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 03-09-2025
1. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.
2. The writ petition is filed for the following reliefs:- "(i) For direction to the Respondent no. 7 & 8 not to
2/4 unauthorizedly occupy the land of the petitioner situate in Mauza-Sarari, Khata no.120, Plot no.1249 measuring 26 Decimils equivalent to about 08 kathas bounded in the north by Madho Singh, South-Jagannath Singh, EastDevlal Bhagat & West- Jagdev Singh and remove the encroachment upon the land.
(II) Or alternatively for direction to the Respondent no. 7 & 8 to provide compensation of Rs. 80.00 lakhs @ Rs.10.00 lakhs/katha for the loss suffered by the petitioner by the unauthorized occupation of the land for erection of Tower.
(III) For any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case."
3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 26.06.2024 passed in CWJC No. 17625 of 2016 (Lalmuni Devi Vs. The State of Bihar & Ors.) by this Court in which this Court has passed the order in light of the
3/4 judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited vs Century Textiles & Industries Ltd & Ors. reported in 2017(2) PLJR (SC) 152, 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 file appropriate application for compensation before the appropriate forum.
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. 17625 of 2016 (supra) in light of the judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned District Judge and in case, any such petition is filed within a period of four weeks from the date of receipt of copy of this order, the same shall be examined and considered on
4/4 merits by the appropriate forum and shall be disposed of as expeditiously as possible.
6. With the aforesaid direction the writ petition stands disposed of.
7. Interlocutory Application, if any, shall stands disposed of.
(G. Anupama Chakravarthy, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.09.2025 Transmission Date