Patna High Court
Smt. Basmati Devi & Ors vs The State Of Bihar & Ors on 16 February, 2017
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7971 of 2013
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1. Smt. Basmati Devi Wife Of Late Kanchan Ram Resident Of Village - Motipur,
Takhrahan, Ps And Anchal - Thakrahan, District - West Champaran
2. Parwati Devi Wife Of Sri Yodha Ram Resident Of Village - Motipur, Takhrahan,
Ps And Anchal - Thakrahan, District - West Champaran
3. Most Piyariya Devi Wife Of Late Bishwanath Ram Resident Of Village -
Motipur, Takhrahan, Ps And Anchal - Thakrahan, District - West Champaran
4. Smt. Malti Devi Wife Of Sri Rambhjan Ram Resident Of Village - Motipur,
Takhrahan, Ps And Anchal - Thakrahan, District - West Champaran
5. Chanda Devi Wife Of Hira Lal Ram Resident Of Village - Motipur, Takhrahan,
Ps And Anchal - Thakrahan, District - West Champaran
6. Panpati Devi Wife Of Surendra Ram Resident Of Village - Motipur, Takhrahan,
Ps And Anchal - Thakrahan, District - West Champaran
7. Bilar Ram Son Of Late Khedaru Ram Resident Of Village - Motipur, Takhrahan,
Ps And Anchal - Thakrahan, District - West Champaran
8. Nathuni Ram Son Of Late Doma Ram Resident Of Village - Motipur,
Takhrahan, Ps And Anchal - Thakrahan, District - West Champaran
9. Shila Devi Wife Of Sri Rajendra Ram Resident Of Village - Motipur, Takhrahan,
Ps And Anchal - Thakrahan, District - West Champaran
10. Bharat Yadav Son Of Late Pujan Yadav Resident Of Village - Motipur,
Takhrahan, Ps And Anchal - Thakrahan, District - West Champaran
11. Gazar Sah Son Of Late Raja Sah Resident Of Village - Motipur, Takhrahan, Ps
And Anchal - Thakrahan, District - West Champaran
12. Tudi Sah Son Of Late Raja Sah Resident Of Village - Motipur, Takhrahan, Ps
And Anchal - Thakrahan, District - West Champaran
13. Ramanand Sah Son Of Late Raja Sah Resident Of Village - Motipur,
Takhrahan, Ps And Anchal - Thakrahan, District - West Champaran
14. Binachal Ram Son Of Doma Ram Resident Of Village - Motipur, Takhrahan,
Ps And Anchal - Thakrahan, District - West Champaran
15. Badhu Ram Son Of Doma Ram Resident Of Village - Motipur, Takhrahan, Ps
And Anchal - Thakrahan, District - West Champaran
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, The Administrative Land
And Reforms Govt. Of Bihar Patna
2. The Secretary, The Energy Department, Govt. Of Bihar
3. The Collector-Cum-District Magistrate West Champaran , West Champaran,
Bettiah
4. The Deputy Collector, Land Reforms, West Champaran
5. The Land Acquisition Officer, District - West Champaran
6. The Chairman, The Bihar State Electricity Board, Patna
7. The Circle Officer, Dhakrahan, West Champaran
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhnanjay Kumar
For the Respondent/s : Mr. Vinay Krishna Singh
Patna High Court CWJC No.7971 of 2013 dt.16-02-2017
2/3
Mr. Akhileshwar Singh
Mr. Vijay Kumar Verma
For the State Mr. Madhukar Mishra
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL JUDGMENT
Date: 16-02-2017
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Heard the parties.
2. The grievance of the petitioners is that the State made proposal for acquisition of their residential lands for construction of Power Grid though gair majarua land is available there for construction of power grid.
3. The respondent nos. 3 to 5 have filed their counter affidavit, in which it has specifically been pleaded that Garmajarua parti land was also acquired but the aforesaid land was not sufficient to establish Power Grid and that was the reason, the lands of the petitioners were also acquired. Moreover, At para-11 of the aforesaid petition, it has specifically been pleaded that the petitioners have already received compensation amount which is evident from Annexure-D to the counter affidavit.
4. Since the petitioners have already received compensation amount and the lands of the petitioners were acquired for establishment of Power Grid and except the lands of the petitioners, no any other land was available to the State for the Patna High Court CWJC No.7971 of 2013 dt.16-02-2017 3/3 establishment of Power Grid, therefore, I do not find any merit in this writ petition.
5. Accordingly, this writ petition is dismissed at the stage of Admission itself.
(Hemant Kumar Srivastava, J) N.K/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2017 Transmission 27.02.2017 Date