Patna High Court
Bhola PanditversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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