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Patna High CourtCWJC/15144/2014disposed

Ranjit Kumar And ORS v. The State Of Bihar And ORS

2018-11-02Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15144 of 2014 ===========================================================

1. Ranjit Kumar son of Sri Bijay Prasad Singh

2. Anil Kumar son of Sri Maheshwar Singh

3. Arjun Singh son of Late Bisheshwar Singh All residents of Village- Muradpur Bangra, P.O. Kubooli Ram, P.S. Bangra, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Samastipur

3. The Sub-divisional Officer, Samastipur

4. The Circle Officer, Tajpur Block, District- Samastipur

5. The Power Grid Corporation of India ltd., B-9, Kautub Institutional Area, Katwariya Saria, New Delhi- 1100016 through its Chairman-cum-Managing Director

6. The General Manager Power Grid Sub Station, Dariyapur Cafen, Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the Respondent- Power Grid : Mr. Arbind Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-11-2018 As none appeared on behalf of the petitioners, the matter was passed over for a few cases. However on repeat call, the petitioners were again not represented.

2. The present writ petition has been filed for a direction to the respondents to restrain to fix electric tower in plots of the petitioners as well as not to cross high tension electric wire over and above through the house of the petitioners and further direction to the respondent authorities to remove the electric tower which has been fixed in plot of the petitioners in village- Muradpur Bangra, P.S.- Bangra, District- Samastipur.

Patna High Court CWJC No.15144 of 2014 dt.02-11-2018 2/2

3. Learned counsel for the respondents states that the issues in the present writ petition now stand resolved in view of the judgment of the Hon'ble Supreme Court in Civil Appeal No. 10951 of 2016 (The Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited and others) and analogous cases, inter alia, observing in paragraph-21 of the said judgment that the Telegraph Authority would be obliged to pay full compensation to all persons interested for any damage sustained by them. It has further been observed in paragraph-26 of the judgment that the appropriate course of action is to file a Suit before the concerned District Judge for the purpose.

4. In the above view of the matter, the writ petition stands disposed of in the light of the aforesaid judgment of the Hon'ble Supreme Court in Civil Appeal No. 10951 of 2016 (The Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited and others) and analogous cases.

(Vikash Jain, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date03.11.2018 Transmission Date N/A