Mewa Lal Rai vs The State Of Bihar
2022 Latest Caselaw 2907 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.5211 of 2022
     ======================================================

Mewa Lal Rai, Son of Late Ramdevan Rai, Resident of Village - Keshopur, P.S. - Vaishali, District - Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Chief Secretary, Government of Bihar, Patna.

3. The North Bihar Power Distribution Company Ltd., through its Managing Director, Vidyut Bhavan Bailey Road, Patna.

4. The General Manager, North Bihar Power Distribution Company Ltd., Vidyut Bhavan, Baily Road, Patna.

5. The Executive Engineer, North Bihar Power Distribution Company Ltd., Vidyut Bhavan Baily Road, Patna.

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

For the Petitioner/s : Mr.Uday Prakash Shrarma, Advocate For the Respondent/s : Mr.Yogendra Prasad Sinha, AAG-7 Mr. Rajeev Kumar Sinha, AC to AAG-7 For Respondent Nos. 3 to 5 Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 17-05-2022

Petitioner has prayed for the following relief(s):

"I. For issuance of an appropriate writ/s, order/s, direction/s restraining the respondent from laying the plinth and foundation for four legs for heavy transmission lines of 132 K.V. having width of 27 meters on the land of the petitioner as the same is being done without any prior notice/information to the Patna High Court CWJC No.5211 of 2022 dt.17-05-2022

petitioner and without following the provisions of Indian telegraph act and electricity act 2003 as regards acquisition and compensations of the land.

II. For issuance of an appropriate writ directing the respondent to pay compensation to the petitioner as per guidelines framed by the union of India after deliberation with all chief secretaries of states/UT given to al state governments vide no. 3/7/2015-trans dated 15th October 2015 with respect to payment of compensation towards damges of in regard to right of way for transmission lines."

Learned counsel for the respondents, states that

similar petition being C.W.J.C. No. 10609 of 2020 titled as

Sushma Kumari @ Sushma Devi Vs. The Managing

Director South Bihar Power Distribution Co. Ltd. was

disposed of by a co-ordinate bench of this Court vide judgment

dated 17.01.2022, and the present petition may also be disposed

of in the light of the said petition.

Learned counsel for the petitioners has no objection to

the same.

In view of the same, as mutually agreed, the instant

petition stands disposed of in terms of the judgment dated

17.01.2022 passed by this Court in C.W.J.C. No. 10609 of 2020

titled as Sushma Kumari @ Sushma Devi Vs. The Managing Patna High Court CWJC No.5211 of 2022 dt.17-05-2022

Director South Bihar Power Distribution Co. Ltd., making

the directions issued therein applicable mutatis mutandi, to the

extent possible also to the instant case.

Interlocutory Application(s), if any, shall stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 18.05.2022 Transmission Date