2026:JHHC:8341 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 265 of 2023 ------ Md. Rajak @ Md. Razzaque, aged about 74 years, S/o Late Sobrati Miyan, R/o Village- Shahpur, P.O.-Shahpur, P.S. Chainpur, Dist.-Palamau … … Petitioner(s) Versus 1. The State of Jharkhand 2. The Chairman-cum-Chief Managing Director, Jharkhand Urja Vikash Nigam Ltd., P.O. Engineering Building (H.E.C.), P.S. Dhurwa, Dist. Ranchi, Jharkhand. 3. The Managing Director, Jharkhand Urja Vikash Nigam Ltd., Engineering Building (H.E.C.), P.O. & P.S. Dhurwa, Dist.-Ranchi, Jharkhand. 4. The General Manager (Personnel & General Adm.), Jharkhand Urja Vikash Nigam Ltd., Engineering Building (H.E.C.), P.O. & P.S. Dhurwa, Dist. Ranchi, Jharkhand. 5. The Executive Engineer, Electricity Department, Daltonganj, P.O. & P.S.-, Daltonganj, Dist. Palamau. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Md. Imtiaz Khan, Advocate For the Respondent-JUVNL : Mr. Sachin Kumar, Sr. SC Ms. Aditi Raj, AC to Sr. SC ------ 11/ 24th March, 2026 1. Heard the parties. 2. It is the case of the petitioner that over the land of the petitioner an electricity tower has been constructed which has caused great loss to the petitioner and he is also not in a position to use major portion of the land and the property. He thus prays for payment of compensation. 3. It is the grievance of the petitioner that compensation has not yet been paid. It is his contention that he may be paid compensation considering the actual loss which has caused to the petitioner and the future loss including damages. 4. Though in the writ petition the petitioner has prayed for to stop the construction over the land of the petitioner, in view of the provisions of the Indian Telegraph Act, 1885, I am not inclined to stop the construction of the same. The petitioner is only entitled for appropriate compensation in terms of Indian Telegraph Act, 1885 read with the provisions of the Electricity Act. 2026:JHHC:8341 2 5. Section 10 of the Indian Telegraph Act, 1885 gives power to the telegraph authority to place and maintain telegraph lines and posts over the land. Section 164 of the Indian Electricity Act extends the said power conferred upon the licencees. Thus, in this case provisions of Indian Telegraph Act, 1885 has to be followed. The mechanism of grievance redressal has also been provided in the Indian Telegraph Act. Section 16 provides for such mechanism. Section 16(1) gives power to the District Magistrate and further if the persons is not satisfied with the compensation, as per Section 16(3) of the Indian Telegraph Act, 1885 the District Judge of the District within whose jurisdiction is properly situated is vested with the power to determine the same. 6. In view of the aforesaid provisions, I direct the petitioner to approach the Deputy Commissioner within a period of six weeks. If such representation is filed, the compensation shall be assessed by the Deputy Commissioner and if the petitioner is not satisfied with the said assessment, he may approach the District Judge for redressal of his grievance. 7. With the aforesaid directions, this writ petition stands disposed of. 8. Pending IA, if any also stands disposed. (ANANDA SEN, J.) 24.03.2026 Pawan/CP-2 Uploaded 01.04.2026