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Patna High CourtCWJC/700/2026disposed

Md. Tanweer Alam v. The State Of Bihar

2026-07-23Mr. Justice Girijish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.700 of 2026 ====================================================== Md. Tanweer Alam son of Abdul Quiyum, resident of Village Maniapur, Ward no 13, P.O. Araria Bairgachi, P.S. Araria, District - Araria ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Energy Department, Government of Bihar, Patna. 3.

The Principal Secretary, Department of Tourism, Government of Bihar, Patna.

4.

The Collector cum District Magistrate, Araria. 5.

Bihar State Power Transmission Company Limited, through its Chairman, 4th Floor, Vidyut Bhawan, Patna 800021, Bihar. 6.

The Managing Director, Bihar State Power Transmission Company Limited 4th Floor, Vidyut Bhawan, Patna 800021. Bihar. 7.

The Electrical Executive Engineer, Transmission Division, Kishanganj, Bihar State Power Transmission Company Limited. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Samdarshi, Adv.

Mr.Avinash Shekhar, Adv.

Mr.Simran Kumari, Adv.

For the Respondent/s :

Mr. Kumar Pankaj, AC to SC 5 For the BSPTCL :

Mr.Kumar Priya Ranjan, Addl. SC Mr.Sudarshan Bhardwaj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 23-07-2026 Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State as well as BSPTCL.

2. With the consent of both the parties, this writ application is being disposed of at the admission stage itself.

3. In the present writ application, the petitioner has prayed for grant of following reliefs;

"(i)....To issue an appropriate writ, order or

2/4 direction in the nature of mandamus commanding Respondent Collector, Araria to determine the compensation amount payable to petitioner in terms of guidelines contained in F.No.3/4/2016-Trans-part(4) dated 14.06.2024 issued by Government of India, on account of passage of 1.32 Lakh KVA high transmission line over his land situated at Khata no. 764, Khesra 1110 (P), 1105 and 1106 situated at Village Hariya, Block Araria, NH 57 and to disburse the same to the petitioner forthwith, considering the representation dated 28.02.2025 (Annexure P18). (ii) This Hon'ble Court may further adjudicate and hold that the action of the Respondent Collector, in siting tight over Petitioner's representation dated 28.02.2025 and not disposing off the same in a timely manner is highly arbitrary in nature and bad in the eyes of law.

(iii) To grant any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the case."

4. During the course of argument, learned counsel for the petitioner submits that though the petitioner has filed representation dated 28.02.2025, which is at Annexure-P/17 and P/18, before the respondent no.4-District Magistrate-cumCollector, Araria with respect to compensation in light of guidelines contained in F.No. 3/4/2016-Trans-part(4) dated 14.06.2024 issued by the Government of India, which is still pending consideration before the authority, the petitioner may be

3/4 permitted to file a fresh representation annexing all the earlier representations before the respondent no.4 i.e. The Collectorcum- District Magistrate, Araria and appropriate direction may be issued to dispose of the same within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a fresh representation annexing all the earlier representation with respect to claim of the petitioner before the respondent No.4 i.e. the Collector-cum- District Magistrate, Araria within fifteen

(15) days from today and if such a representation is filed within the stipulated time then the respondent No.4 i.e. the Collectorcum- District Magistrate, Araria is directed to dispose of the same within a period of three months from the date of receipt of the representation after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by respondent No.4 i.e. the Collector-cum-

4/4 District Magistrate, Araria should be a reasoned and speaking order.

8. This Court has not expressed any opinion on the merit of the case including maintainability of the writ application.

9. With the aforesaid observation/direction and liberty granted, this writ application is disposed of.

10. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of (Girijish Kumar, J) aman/- U