Patna High CourtCWJC/25195/2013disposed

Md. Farooque Azam v. The Union Of India And ORS

2016-07-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25195 of 2013 ======================================================

1. Md. Farooque Azam S/O Nawab Ali Resident Of Bouria ( Khirdaha), P.S- Joki Hat, District- Araria.

.... .... Petitioner/s

Versus

1. The Union Of India Through Secretary, Energy Department, Govt. of India.

2. The D.G.M. Sub- Transmission Office Power Grid Purnea.

3. The Chief Manager, Sub- Transmission Office Power Grid, Purnea.

4. The Authorized Officer Sub Transmission Officer, Power Grid, Purnea

5. The Chief Manager Power Grid, Kishanganj, Bihar.

6. The D.M.S, Eastern Region DMS, 220/132, Sub Station Maranga Road, Purnea- 854301 ( Bihar)

7. The Power Grid Corporation of India limited through Secretary ( Govt. of India Enterprises) Qutab Institutional Area, Katwaria Sari, New Delhi40016. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Respondent/s : Mr. Harendra Kumar Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-07-2016 Heard.

The writ application seeks a direction upon the respondents to pay compensation on account of damage suffered due to erection of electric pole on his land. Mr. Harendra Kumar Tiwari, appearing for the respondent- Power Grid Corporation ( for short 'the Corporation') has submitted that the respondent is a licensee. The transmission work has already been completed /commissioned. Petitioner may

Patna High Court CWJC No.25195 of 2013 (2) dt.20-07-2016 2/2 be entitled to compensation for the damage but such claim has to be filed before the appropriate authority under Section 16(3) of the Indian Telegram Act .

On perusal of the materials available on record and after hearing the parties, I am inclined to dispose of the writ application permitting the petitioner to file a claim in this regard before the appropriate authority /forum for consideration in accordance with law. If any such claim is filed, I am sure, the same will receive due consideration and disposal at the earliest at the hands of the concerned respondent expeditiously. I order accordingly.

(Kishore Kumar Mandal, J) Shyam/- U