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Md. Asfaque Ansari vs The State Of Bihar And Ors
2025 Latest Caselaw 2760 Patna

Citation : 2025 Latest Caselaw 2760 Patna
Judgement Date : 20 June, 2025

Patna High Court

Md. Asfaque Ansari vs The State Of Bihar And Ors on 20 June, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.16931 of 2017
     ======================================================
     Md. Asfaque Ansari son of Late Mohiuddin Ansari, resident of Village, P.O.
     and P.S.- Laukaha and District- Madhubani.

                                                               ... ... Petitioner/s
                                        Versus
1.   The State Of Bihar through its Secretary, Energy Department, Patna, Bihar
2.   The District Magistrate, Madhubani.
3.   Sub- Divisional Officer, Madhubani.
4.   Superintendent of Police, Madhubani.
5.   Officer- Incharge, Laukaha, P.S. Madhubani.
6.   Block Development Officer, Madhubani.
7.   Chief Managing Director, Bihar State Power Holding Company, Private
     Limited, Bidhut Bhawan, Baily Road, Patna
8.   Executive Engineer, Electric Officer, Madhubani.
9.   Sub- Divisional Officer, Electric Office, Madhubani.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :     Mr.Mohammed Abu Haidar
     For the Respondent/s    :     Mr.Abbas Haider -Sc6
     ======================================================
        CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                 ORAL JUDGMENT
                                 Date : 20-06-2025

                  1.        Heard the Learned counsel for the

      parties.

                  2. The petitioner has filed the instant

      application for the following reliefs:

                                       "1. That, this writ petition is

                       being      filed      for     issuance         of     an

                       appropriate          writ     and/or        direction,

                       Commanding                  the        respondents-
 Patna High Court CWJC No.16931 of 2017 dt.20-06-2025
                                           2/4




                          authorities to restrain the respondent

                          nos. 7 to 9 from the work of the

                          transmission line which is being erected

                          on the lands of the petitioner as well as

                          to remove of electrical pole which is

                          without any process/proceeding under

                          the law and notice to the petitioner or

                          any other relief or reliefs which the

                          petitioner is entitled to."



                           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 Patna High Court CWJC No.16931 of 2017 dt.20-06-2025

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 authority.

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 Civil Court 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 court and shall be disposed of

expeditiously.

6. With the aforesaid direction the writ

petition stands disposed of.

Patna High Court CWJC No.16931 of 2017 dt.20-06-2025

7. Interlocutory Application, if any, shall

stands disposed of.

(G. Anupama Chakravarthy, J) Spd/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.06.2025
Transmission Date
 

 
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