Sheikh Mahmood @ S. K. Mahmood v. The Union Of India And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21977 of 2018 ====================================================== Sheikh Mahmood @ S. K. Mahmood Son of Sheikh Rahim, Resident of Village-Ghoshi Kundi, Police Station-Chanan, District-Lakhisarai ... ... Petitioner/s

Versus

1.

The Union Of India.

2.

The Competent Authority, Indian Oil Corporation Ltd. Barauni, Kanpur, Pipeline, Barauni, P.O. and P ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Respondent/s :

Mr. S.D Sanjay Addl. Soc. Gen.

For the IOCL :

Mr. Uday Bhan Singh, Advocate Ms. Kumari Shreya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2026 Heard the parties.

2. The present petition has been preferred for the following relief(s):

"(i) That an appropriate writ may be issued commanding upon the respondent no. 2 to pay the compensation amount of Rs. 5 Lacs along with the interest thereon till the final payment to the petitioner against damage and loss caused in the land of the petitioner under which pipeline has been laid and doubling by the Respondent no. 2 for transportation of petroleum.

(ii) Any other relief / reliefs may be

Patna High Court CWJC No.21977 of 2018(5) dt.06-01-2026 2/3 granted in favour of the petitioner for which found entitled to."

3. The matter relates to Haldia, Barauni Petroleum Pipeline and the petitioner's land under Lakhisarai district also was in the line. Accordingly, he was noticed, payments made/compensated.

4. The grievance before this Court is that to repair the pipeline, the land was dug and in the process, the crops were damaged. A legal notice was sent, not replied, aggrieved, the present writ petition.

5. Learned counsel representing the Indian Oil Corporation submits that there is nothing on record to show that a proper representation has been made in line with the Division Bench judgment in CWJC No. 8424 of 2018 (Prabhakar Kumar vs. Union of India & Ors.).

6. In view of the limited prayer that the petitioner has made regarding the compensation for damage of crops, with the consent of parties, this Court deems it appropriate to allow the petitioner to file a proper petition alongwith all the supporting documents before the appropriate authority who shall be taking up the matter and disposing it of preferably in three months overlooking the delay in filing the petition as the petitioner was

Patna High Court CWJC No.21977 of 2018(5) dt.06-01-2026 3/3 pursuing remedy before this Court for last seven years.

7. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Adnan/- U