Rameshwar Pandey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12936 of 2018 ====================================================== Rameshwar Pandey Son of Late Makhan Pandey Resident of Village-Kanail, P.S. Rahika, District-Madhubani ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.
The Principal Secretary, Department of Energy, Government of Bihar, Patna 3.
The District Magistrate, Madhubani 4.
The Executive Engineer, Electricity Board, Madhubani 5.
The Sub Divisional Officer, Madhubani Sadar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Advocate For the State :
Mr. Abbas Haider -SC 6 For the Power Holding :
M/s Anand Kumar Ojha, Sr. Advocate Company Ashok Kumar Karn ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 07-07-2025
1. Heard the Learned counsel for the parties.
2. The petitioner has filed the instant application for the following reliefs:
" ....
directions to the concerned respondents to remove pole of the the illegal installation of the pole of the transformer situated at Khesra No. 842, Khata No.244, Mauza- Kanail as well as for awarding the appropriate compensation for damaging the wheat crops in course of installation of the transformer and for further direction to award the exemplary
Patna High Court CWJC No.12936 of 2018 dt.07-07-2025 2/3 damages for causing delay in starting the business of Milk by opening a Khatal due to the illegal installation of transformer on the aforesaid plots."
3. At the very outset, Learned counsel for the respondents contended that since this matter is squarely covered under the order dated 26.06.2024 passed in CWJC No. 17625 of 2016 (Lalmuni Devi Vs. The State of Bihar & Ors.) by this Court in which this Court has passed the order in light of the judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited vs Century Textiles & Industries Ltd & 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 file appropriate application for compensation before the appropriate forum.
5. Having regard to the submissions made by the learned counsel for the petitioner, the
Patna High Court CWJC No.12936 of 2018 dt.07-07-2025 3/3 present writ petition stands disposed of in terms of the aforesaid judgment passed in CWJC No. 17625 of 2016 (supra) in light of the judgment passed by the Hon'ble Apex Court in the case of The Power Grid Corporation of India Limited (supra) with liberty to the petitioner to seek necessary compensation by approaching the concerned District Judge and in case, any such petition is filed within a period of four weeks from the date of receipt of copy of this order, the same shall be examined and considered on merits by the appropriate forum and shall be disposed of expeditiously.
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/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.07.2025 Transmission Date