Sheshnath Singh v. Chief Managing Director, Bihar Power Distribution Company Ltd. , Patna
2025-07-30
G.ANUPAMA CHAKRAVARTHY
body2025
DigiLaw.ai
G. Anupama Chakravarthy, J. – the Petitioner Has Filed The Instant Application for the following reliefs: – “I. For direction to the respondent to remove the electrical poles for 11000 Volt electric supply as well as transformer set up which has been established by the respondent s in the middle Residential plot of the petitioner appertaining to Thana no. 274 Khata no. 37, Khesra no. 98, 99 measuring total 24½ decimals of land situated at Mauza chak Ibrahim Circle Bidupur, Dist.- Vaishali without the knowledge, consent and information to petitioner. II. For further direction to the respondents to acquire the land of the petitioner after proper adjudicating the previsions under act 2012 if the respondents is unable to remove the alleged electrical poles and transformers establishment over the Raiyati land of the petitioner.” 2. At the outset, the Learned counsel for the respondents submitted that it is not correct to state that the respondents have erected any pole or transformer on the land of the petitioner. It is further submitted that, as stated in paragraph 7 of the counter affidavit, the land in question, i.e., Revisional Survey khatiyan of Khata No. 37, Plot No. 98/99 of village Chak Ibrahim, Circle Bidupur, is not recorded in the name of the petitioner. Accordingly, the petitioner is required to prove that he is the owner of the land in question. 3. However, the Learned counsel for the respondents also 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.
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 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 along with relevant documents proving ownership of the land in question in his favour 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.