Wakil Patel @ Vakil Patel And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11392 of 2018 ====================================================== 1.
Wakil Patel @ Vakil Patel Son of Mahadeo Patel 2.
Babita Devi @ Vavita Devi Wife of Nirdhan Patel 3.
Kalpana Devi Wife of Rajesh Mandal All are residents of Village -Raghunathpur, P.o. Mahua Bazar, P.s. - basanhi, Distt. Saharsa.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The District Magistrate, Saharsa.
3.
The Sub-Divisional Officer, Saharsa.
4.
The Circle Officer_Sanjbarsa Raj, Distt. Saharsa 5.
The Manager, Power Grid Corporation of India Limited, Eastern Region System-1 400/200/132 KV Purnea Distt. Purnea - 854301 Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar-1 For the Respondent/s :
Mr.Prashant Pratap -Gp2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 03-07-2025
1. Heard the Learned counsel for the parties.
2. The petitioner has filed the instant application for the following reliefs:
"I. For a direction upon the respondents to re-calculate the compensation amount and pay the same to the petitioners with interest.
2/4 II. For a direction upon the respondents to pay the compensation amount for the different types of actual nos. of trees which have been cut and the damages for crops to the poor petitioners.
III. For grant of any other relief/reliefs of which the petitioners may be found entitled to under the facts and circumstances of the case and in the interest of justice. "
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
3/4 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 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
4/4 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 03.07.2025 Transmission Date