Created by Fuzzy Cloud

Patna High Court

Bhola PanditversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition is disposed, granting the petitioner liberty to approach a competent court for title declaration and compensation.

Summary

Petitioner Bhola Pandit alleged that the State of Bihar and the Bihar State Electricity Board illegally encroached upon his one‑bigha land in Basochak by erecting an electricity grid without any acquisition proceeding or compensation. The respondents contended that the land had been transferred to the power transmission company and was not raiyati (state) land, thus not subject to acquisition. The petitioner sought a writ directing the respondents to free the land and to provide compensation. The court noted the dispute over the land’s status and, rather than adjudicating the ownership, granted the petitioner liberty to approach a competent court for a title declaration and compensation claim. Consequently, the writ petition was disposed.

Issues considered

  • What is the legal status of the land claimed to be encroached – whether it is raiyati land subject to acquisition?
  • Whether the respondents could lawfully occupy and construct an electricity grid on the land without following the procedures under the Land Acquisition Act and without paying compensation.

Legislation cited

Subjects

  • land acquisition
  • raiayati land
  • encroachment
  • compensation
  • writ petition
  • electricity grid

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.17878 of 2017
                 ======================================================
                 Bhola Pandit, son of late Lukhadi Pandit, resident of village- Basochak, P.o.
                 Dariyapur, P.s. Warisaliganj, District-Nawada…             ... ... Petitioner/s
                                                      Versus
                 1. The State Of Bihar through Principal Secretary Revenue and Land
                 Reforms Department.
                 2. The District Collector, Nawada.
                 3. The Sub-Divisional Officer, Nawada.
                 4. Deputy Collector Land Reform, Nawada.
                 5.Circle Officer, Warisaliganj. Nawada.
                 6.The Bihar State Electricity Board, Patna through its Chairman Respondents.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr.Raj Nandan Prasad, Advocate
                 For the Respondent/s   :          Mr.Anand Kishore Ojha, Sr. Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   03-02-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i)    for   issuance    of     appropriate      writ,

                                            order/orders directing the respondents to get

                                            free the petitioner's lands bearing Old Khata

                                            No. 51 and Old R.5. plot No. 15 now new

                                            khata no. 81 R.s. Plot No. 25 measuring an

                                            area one Bigha situated at village Basochak,

                                            Thana No. 476 Anchal Warisaliganj within

                                            district Nawada whereby the respondents

                                            have     encroached       the    said     land    for

                                            Construction of electricity Grid without

                                            initiating    any    proceeding         under    land
         Patna High Court CWJC No.17878 of 2017(4) dt.03-02-2026
                                                    2/2




                                           acquisition Act or without giving any

                                           Compensation of the said land and without

                                           giving any opportunity to the petitioner

                                           directly respondents came with police force

                                           and bounded the land through iron wires and

                                           started construction works over the said

                                           land for the said Electric/grid.

                                3. The stand of both the State of Bihar as also the

                   Bihar State Power Transmission Company Ltd. (henceforth for

                   short ‘the Company’) is/are that the land in question which was

                   transferred to ‘the Company’ is not a raiyati land.

                                4. Learned counsel for the petitioner though dispute

                   the said contention submits that he shall be approaching the

                   appropriate competent Court to get the title declared so that he

                   makes himself entitled to the compensation amount from the

                   concerned respondent.

                                5.Granting said liberty, the writ petition is disposed

                   of.

                                                 (Rajiv Roy, J)
Ravi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.