Panday Gajendra Prasad Vs The Chairman, South Bihar Power Distribution Company Limited and Ors.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16334 of 2017

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Panday Gajendra Prasad Son of Late Panday Sharda Prasad, resident of Block Road, Maharaja Hata, Ara Near N.C.C. Office, Police Station- Ara Nawada, Bhojpur.

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... ... Petitioner/s

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Versus

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The Chairman, South Bihar Power Distribution Company Limited Vidyut Bhawan, Bailey Road, Patna

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The Executive Engineer, South Bihar Power Distribution Company Limited, Near Eastern Railwya Gumti, Police Station – Ara Nawada, District Bhojpur

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The Executive Engineer Project, South Bihar Power Distribution Company Limited, Power House, Gorna Road, Ara, P.S. Ara Nawada, Distsrict Bhojpur

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The Executive Engineer Development, South Bihar Power Distribution Company Limited, Bajaj Bhawan, Near Eastern Gate of Jain College, P.S. Ara Nawada, District Bhojpur

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The Junior Engineer Rural, South Bihar Power Distribution Company Limited, Bajaj Bhawan, Electricity Department, Ara Near Eastern Railway Gumti, Ara, P.S. Ara Nawada, District Bhojpur

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhoy Kumar Kashyap, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate Mr. Prakash Kumar, Advocate

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT

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Date : 18-06-2025

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Heard the Learned counsel for the

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parties.

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The petitioner has filed the instant

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application for the following reliefs:

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“That this writ application is being filed for issuance of appropriate writ / writs, order / orders, direction /

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Patna High Court CWJC No.16334 of 2017 dt.18-06-2025 2/4

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directions to the respondents for vacating the land of petitioner by removing electrical poles or in the alternative to pay the legal compensation of land of petitioner which has been rendered useless by the act of respondents in general and respondent No. 2 to 5 in particular. The land of petitioner has been very illegally, whimsically acquired by respondent No. 4 vide his order dated 23.12.2015 without any notice to the petitioner and thereafter the respondents have very illegally erected electrical poles on the land of petitioner resulting in severe damage to his mango orchards which were producing fruits of Rs. 1.5 Lakh annually.”

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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

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Patna High Court CWJC No.16334 of 2017 dt.18-06-2025 3/4

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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.

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After perusal of the aforesaid judgment, the Learned counsel for the petitioner seeks liberty to file appropriate application for compensation before the appropriate authority.

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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

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Patna High Court CWJC No.16334 of 2017 dt.18-06-2025 4/4

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appropriate court and shall be disposed of expeditiously.

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