Neeranjan Pratap Singh And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6074 of 2015 ====================================================== 1.

Neeranjan Pratap Singh Son of Baldev Singh.

2.

Sunil Singh. Son of Sri Narayan Singh.

3.

Dharmendra Singh. Son of Shatrughan Singh.

4.

Praveen Singh. Son of Late Alakhdev Singh. All are resident of Village - Navgarh, P.S.- Aurangabad Mufassil and District - Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary Department of Revenue and Land Reform, Government of Bihar, Patna.

2.

The Managing Director, South Bihar Power Holding and Transmission Company, Vidyut Bhawan, Bailey Road, Patna.

3.

The District Magistrate, Aurangabad.

4.

The Executive Engineer, Electric Supply sub Division, Aurangabad. 5.

The Assistant Executive Engineer, Transmission sub Division Sone Nagar, P.S.- Barun and District -Aurangabad 6.

The K.R. Ramchandra Transmission Project Limited through its Assistant Project Manager Mr. Arabind Kumar Jha, Base Camp, Deo More, P.S. and District-Aurangabad.

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma, Adv.

For the State :

Mr. Dhurendra Kumar, AC to GP-5 For the Respondents No. 2, 4 and 5 :

Mr. Anand Kumar Ojha, Adv.

Mr. Ashok Kumar Karna, Adv.

Mr. Shankar Kumar, Adv.

Mr. Akshansh Shankar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-08-2024 The present writ petition has been filed seeking the following relief:- "1. That this petition is being filed for removing the encroachment made by the respondent over the land in question by restraining the authorities concerned from using the land of the petitioners for the purpose of installation of big Tower and passing full electric wires of 220/132/33

Patna High Court CWJC No.6074 of 2015(4) dt.14-08-2024 2/2 k.v. G.55, and/ or paying compensation as per the prevalent market value together with damage sustained as per section 10(d) of the Indian Telegraph Act, 1885, which is applicable to the Electricity Act, 2003."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to approach the District Magistrate, Aurangabad, for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

At this juncture, the learned counsel appearing for the Respondent-Bihar State Power Transmission Company Limited, submits by referring to the counter affidavit, filed in the present case that appropriate crop damage compensation has already been paid to the petitioners. He has also relied on a judgment, rendered by the Hon'ble Apex Court, in the case of Power Grid Corporation of India vs. Century Textiles & Industries Ltd. & Ors., reported in (2017) 5 SCC 143.

4.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U