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Rameshwar Pandey vs The State Of Bihar And Ors
2025 Latest Caselaw 452 Patna

Citation : 2025 Latest Caselaw 452 Patna
Judgement Date : 7 July, 2025

Patna High Court

Rameshwar Pandey vs The State Of Bihar And Ors on 7 July, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12936 of 2018
     ======================================================
     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
     ======================================================
        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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