Citation : 2025 Latest Caselaw 452 Patna
Judgement Date : 7 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12936 of 2018
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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
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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
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
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