Rajesh Singh v. The State Of Bihar And ORS
Patna High Court CWJC No.14042 of 2015 dt.05-11-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14042 of 2015 =========================================================== Rajesh Singh S/O Late Madhusudan Prasad Singh, resident of villagePrasando, P.S.- Haveli Kharagpur, Distt- Munger .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Munger
2. The Managing Director, South Bihar Power Transmission Company Ltd. Bailly Road, Patna
3. The Executive Engineer, Power Supply Sub Division, Munger
4. The Assistant Electric Engineer, Haveli Kharagpur, Munger
5. The Sub-Divisional Officer Haveli Kharagpur
6. The Block Development Officer Haveli Kharagpur
7. The Circle Officer Haveli Kharagpur .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Adv For the State : : Mr. Surekha Kumari, AC to GP 18 For the Power Company : Mr. Vinay Kirti Singh, Sr. Adv Mr. Vijay Kumar Verma, Adv Mr. Akhileshwar Singh, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-11-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the respondentCorporation.
2. The present writ petition has been filed for restraining the respondents from installing High Tension Transmission Line and the Tower through the residential house of the petitioners' land and other connected reliefs.
Patna High Court CWJC No.14042 of 2015 dt.05-11-2018
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) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 06.11.2018 Transmission Date NA