Kapil Deo Singh v. Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4921 of 2016 ====================================================== Kapil Deo Singh S/o Late Kishori Singh Resident of vill. - Kazi Bigha, P.S. Shahjahanpur, District - Patna ... ... Petitioner/s

Versus

1.

Union Of India represented through its Chief Secretary, New Delhi 2.

The Managing Director, Power Grid Corporation of India Ltd., Alankar Palace Boring Road, Patna 800001 3.

Chief Engineer - Cum - Manager Power Grid Corporation of India Ltd. a Unit of Govt. of India , Alankar Palace Boring Road, Patna 4.

The State of Bihar through Secretary, Energy Department ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Binode Bariar, Advocate For the Power Gird :

Mr. Arbind Kumar Singh, Advocates Corporation For the State :

Mr. Kamlesh Kishore, AC to SC 12 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 16-07-2024 Heard learned counsel for the parties.

2. The writ petition has been filed for issuance of direction to the respondents to pay the rent of the land taken / used by the respondents for fixing the power grid tower no. 189/2 vide E.R.1/Patna Kishanganj Nirman/Part II (A-3) and also to pay the compensation/rent of the land surroudning the tower which cannot be used for cultivation to the petitioner.

3. At the outset, Learned counsel for the respondents Power Gird Corporation of India contended that since this matter is squarely covered under the judgment dated

Patna High Court CWJC No.4921 of 2016(6) dt.16-07-2024 2/3 24.06.2024 passed in CWJC No. 17834 of 2016 (Pramod Nath Tiwary Vs. The State of Bihar & Ors.) by this Court in which this Court has passed the order in light of a judgment passed by the Hon'ble Apex Court in the case of Power Grid Corporation of India Ltd. Versus Century Textiles & Industries Limited & 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 make appropriate application for compensation before the appropriate authority.

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. 17834 of 2016 (supra) and also with liberty to the petitioners to seek appropriate compensation by approaching the concerned District Judge and in case, any such petition is filed, the same is expected to be disposed of expeditiously by the learned court below. It is needless to state that in case, appropriate petition is filed within a period of four weeks from today, the same shall be examined and considered on merits by

Patna High Court CWJC No.4921 of 2016(6) dt.16-07-2024 3/3 the appropriate court and shall dispose of the case preferably within four months.

6. With the aforesaid direction the writ petition stands disposed of.

7. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- U