Chandra Sekhar Prasad Mahto v. The State Of Bihar And ORS
Patna High Court CWJC No.13485 of 2015 dt.05-11-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13485 of 2015 =========================================================== Chandra Sekhar Prasad Mahto, Son of Late Sarjug Mahato, resident of villageSurajpur, Police Station- Ujiyarpur, District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar,
2. The North Bihar Power Distribution Company Limited through the Managing Director.
3. The Managing Director, North Bihar Power Distribution Company Limited, Patna, Bihar
4. The Collector, Samastipur
5. The Executive Engineer, Electric Supply Division, Samastipur
6. The Assistant Engineer, Electric Supply Sub- Division, Samastipur .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Adv Mr. Manish Prakash, Adv Mr. Bipin Kumar Singh, Adv For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma. Adv Mr. Akhileshwar Kumar, 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 petitioner's land and other connected reliefs.
Patna High Court CWJC No.13485 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 FR/NAFR NAFR CAV DATE NA Uploading Date 06.11.2018 Transmission Date NA