Citation : 2025 Latest Caselaw 2760 Patna
Judgement Date : 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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