Wakil Patel @ Vakil Patel And Ors vs The State Of Bihar And Ors
2025 Latest Caselaw 403 Patna

Patna High Court

Wakil Patel @ Vakil Patel And Ors vs The State Of Bihar And Ors on 3 July, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11392 of 2018
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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.
 Patna High Court CWJC No.11392 of 2018 dt.03-07-2025
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                                            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 Patna High Court CWJC No.11392 of 2018 dt.03-07-2025

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 Patna High Court CWJC No.11392 of 2018 dt.03-07-2025

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