Vishwanath Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16636 of 2016 ======================================================

1. Vishwanath Rai, S/O Chandrama Rai, R/O Village- Bagahi, P.S.- Taraiya, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Energy Department, Government of Bihar, Patna.

2. The Managing Director, Bihar State Power Transmission Company Ltd. Vidyut Bhawan, Bailey Road, Patna.

3. The President-cum- Managing Director, Bihar State Power Transmission Company Ltd. Vidyut Bhawan, Bailey Road, Patna.

4. The Deputy Director, Gorakhpur, Power Grid Corporation of India LTD.

5. The Chairman, Transmission zone-2, Power Grid Corporation of India Ltd., Muzaffarpur, Bihar.

6. The Executive Engineer, Transmission Division, Power Grid Corporation of India Ltd., Saran, Chapra.

7. The District Magistrate Saran, Chapra.

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

For the Petitioner/s : Mr. Alok Ranjan, Mr. Ranajan Kumar For the Power Grid : Mr.Janardan Prasad Singh, Sr. Advocate Mr. Arbind Kumar Sinhg For the State : Mr. Indeshwari Prasad, Mr. Ritesh Kumar.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-10-2017 Heard the parties.

In the present case, petitioner is challenging alignment of wire over his house and claimed that appropriate compensation amount has not been paid whereas learned counsel for Power Grid Corporation by filing counter affidavit stated that at the time of survey no structure of house was standing on the alignment of wire but for the purposes of

Patna High Court CWJC No.16636 of 2016 (4) dt.11-10-2017 making out the case of compensation the construction has been extended.

This disputed question of fact cannot be decided in the present proceeding. The petitioner, if so advised, may file an application before the appropriate authority who will consider the claim of compensation and decide the amount of compensation which the petitioner is entitled. If petitioner feels aggrieved, he will be at liberty to challenge the order before the appellate forum as provided under the law. If such an application is filed, the appropriate authority will pass a reasoned order within a period of three months from the date of filing of the appeal.

With the aforesaid observation and direction this writ petition is disposed.

(Shivaji Pandey, J) Vinay/- U