Patna High CourtCWJC/11047/2011disposed

Birendra Kumar v. The State Of Bihar And ORS

2017-03-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11047 of 2011 ====================================================== Birendra Kumar Sri Rajdeo Narayan Singh Village Khakhra, P.S. Kurhni, Dist. Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through The District Magistrate, Muzaffarpur.

2. The District Magistrate, Muzaffarpur

3. The Sub Divisional Officer, Muzaffarpur

4. Land Reforms Deputy Collector, Muzaffarpur

5. The Circle Officer, Kurhni, Dist. Muzaffarpur.

6. The District Land Acquisition Officer, Muzaffarpur.

7. The Power Grid Corporation Of India Ltd. Through Its Deputy General Manager, Muzaffarpur.

8. The Chief Manager (St), Power Grid Corporation Of India Ltd. Dariapur Kafen, Muzaffarpur.

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

For the Petitioner/s : Mr. Sunil Kumar Thakur For the Respondent/s : Mr. Ram Balak Mahto Ag ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-03-2017 Heard the parties.

The grievance of the petitioner is that without paying appropriate compensation, his land is being used by the Power Grid Corporation of India Ltd., by fencing and erecting electric poles on the same but, in my view, the remedy to the petitioner would lie before the District Judge as per Section 16(3) of Indian Telegraph Act, 1885, and moreover, the aforesaid issue has already set at rest by the Apex Court in the Case of the Power Grid Corporation of Indian Limited vs. Century Textiles &

Patna High Court CWJC No.11047 of 2011 (6) dt.06-03-2017 2/2 Industries Limited & Ors, arising out of Civil Appeal No.10951 of 2016 and analogous cases.

In view of the aforesaid circumstances, this petition stands disposed of giving liberty to the petitioner to raise his grievance before the competent authority as per the provisions of Indian Telegraph Act, 1885. It is made clear that this order shall not cause any prejudice to the concerned authority at the time of consideration of grievance of the petitioner. (Hemant Kumar Srivastava, J) N.K/- U