Patna High Court
CWJC/8866/2026 of Dharmendra Kumar Vs The State of Bihar, on 14 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8866 of 2026 ====================================================== Dharmendra Kumar S/o late Sakaldeep Ray, Resident of Village - Meenapur, P.S. Hajipur, District- Vaishali at Hajipur. ... ... Petitioner/s Versus 1. The State of
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8866 of 2026
======================================================
Dharmendra Kumar S/o late Sakaldeep Ray, Resident of Village - Meenapur, P.S. Hajipur, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
1.
The State of Bihar, Through the Secretary Human Resources and Development Department Govt. of Bihar, Patna.
2.
The Bihar State Power transmission Company Limited Transmission Division Patna (Madhya) through its Senior Manager.
3.
The Executive Engineer Transmission Division Patna (Madhya).
4.
The Collector Vaishali At Hazipur.
5.
The Sub Divisional Officer Vaishali at Hazipur.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Dr. Satyendra Kumar Srivastava, Adv.
For the Respondent/s
:
Mr. Ramadhar Singh, GP-25
Mr. Vivek Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
14-07-2026 Heard Mr. Uma Shankar Singh, learned counsel for the petitioner, Mr. Vivek Prasad, for the Bihar State Power Transmission Company Limited and Mr. Ramadhar Singh for the State.
2. The present petition has been preferred for the following relief(s): “(i) For the issuance of an appropriate writ directing / Commanding the respondents to consider the grievance of the petitioner in whose private land the poles for 132 K.V. P.M.C.H Hazipur Transmission Loc- 42 under ROW is going Patna High Court CWJC No.8866 of 2026(3) dt.14-07-2026
to be fixed without any acquisition or compensation.
(ii) For the issuance of an appropriate writ to exonerate the land of petitioner over which the Respondents have planned to fix pole of 132 K.V. Transmission line.
(iii) For the issuance of an appropriate writ/direction as your lordships may deem fit and proper for the ends of justice”.
3. The matter relates to the decision of the respondents in fixing the 132 K.V. P.M.C.H- Hajipur transmission LOC-41 electricity line and the Collector, Vaishali, vide memo No. 1090 dated 15.04.2026 after getting a report that certain obstacle is/are there, directed the Electrical Executive Engineer to take help of the Executive Officers to ensure its compliance (Annexure P/3 to the writ petition).
4. The petitioner who owns a piece of land which falls in the said transmission line submits that he preferred a representation before the Collector, Vaishali on 27.04.2026 alleging that no permission has been taken before the decision made.
5. Mr. Vivek Prasad representing the Power Patna High Court CWJC No.8866 of 2026(3) dt.14-07-2026
Transmission Corporation Limited submits that following the Hon’ble Apex Court order in Power Grid Corporation of India Limited versus Century Textile reported in 2017 (2) PLJR (SC) 152, the only point that the affected parties can put forward relates to compensation. However, since the petitioner has already preferred petition before the Collector, Vaishali, he/she can pass an appropriate order in this regard whereafter, if the order goes against him, the petitioner will have to move before the appropriate Court to seek compensation.
6. Pursuing the limited prayer that the petitioner has made relating to the disposal of the petition preferred before the Collector, Vaishali, incorporating the aforesaid version put forward by the parties, the writ petition is disposed of directing the Collector, Vaishali at Hajipur to take the representation of the petitioner dated 27.04.2026 to its logical conclusion at an earliest and preferably within a period of three months from the date, the copy of the order is handed over to his/her office.
munindra/- (Rajiv Roy, J) U