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2025 DAILYLAW 21390 (PAT)

Parmanand Prasad Singh v. The State Of Bihar and Ors

CWJC/3647/2016 · 2025-07-21

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3647 of 2016 ====================================================== Parmanand Prasad Singh S/o Late Bindeshwari Prasad Singh, Resident of Mohalla- East Karyanand Nagar, Lakhisarai Town, Ward No.8, Police Station and District- Lakhisarai. ... ... Petitioner/s Versus 1. The State Of Bihar 2. Bihar State Power Transmission Company Ltd., Transmission Circle, Bihar Sharif, Police Station- Bih 3. The District Magistrate, Lakhisarai. 4. The Sub-Divisional Officer, Lakhisarai 5. The Circle Officer, Lakhisarai. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : None. For the State/Respondents: Mr.Ram Vinay Pd. Singh, AC to GA-XII Mr. Shankar Kumar, Advocate Mr. Abhishek Raj, Advocate For the Board : Mr. Anand Kr. Ojha, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 21-07-2025 No one appears on behalf of the petitioner though Mr. Anand Kumar Ojha, learned Senior Counsel representing the Bihar State Power Transmission Company Ltd. is present. 2.The present petition has been preferred for the following relief/s: (i) for direction to the respondent authorities to not occupy the raiyati land of the petitioner arbitrarily in the name of construction of electric tower without acquisition of land; Patna High Court CWJC No.3647 of 2016(2) dt.21-07-2025 2/3 (ii) for direction to the authorities to make payment of the land of the petitioner after due process of acquisition in accordance with law within stipulated period; (iii) any other relief/reliefs may be granted to the petitioner under the facts and circumstances of this case. 3. Mr. Ojha has provided a copy of the order of the Hon’ble Apex Court in the case of Power Grid Corporation India Ltd. vs. Century Textiles & Industries Limited & Ors reported in (2017) 5 SCC 143 dealing with section 16(4) of the Telegraph Act which read as follows: “Section 16(4) of the Indian Telegraph Act, 1885, deals with the resolution of disputes regarding the compensation payable for the exercise of powers under Section 10, specifically when there are disagreements about who is entitled to receive the compensation or the proportions in which they should share it. If such a dispute arises, the telegraph authority can deposit the disputed amount with the District Judge, Patna High Court CWJC No.3647 of 2016(2) dt.21-07-2025 3/3 who will then determine the rightful recipients or the appropriate shares.” 4. He submits that no prior permission is required for installation of transmission power as also for stretching transmission line. He further submits that the remedy of the petitioner is not before the Patna High Court rather before the District Court under section 16(4) of the Telegraph Act, 1885. 5. Be that as it may, since there is no appearance, the writ petition is dismissed for non-prosecution. Ravi/- (Rajiv Roy, J) U