IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5925 of 2005 RAMDEV YADAV Versus THE STATE OF BIHAR & ORS ----------- 2 11.12.2009 In the instant writ petition the petitioner prays for issuance of writ of mandamus commanding the respondent authorities to pay the compensation money in lieu of 45 palm trees cut down for lying over the land of the petitioner high tension electric wire (400 KVA). The petitioner states that it is not in dispute that 45 palm trees standing over his land were cut down for the purpose of laying high tension wire. The Circle Officer in his enquiry dated 30.7.2004 reported that the aforesaid land fell in the share of the petitioner and his brother Sahdeo Yadav son of Late Karu Yadav. Thereafter on the basis of the report of the Circle Officer, the S.D.O. Sheikhpura vide his letter no.344 dated 7.8.2004 recommended to the Chief Manager, N.T.P.C. for payment of compensation to both the brothers in equal share. The S.D.O. Sheikhpura again reiterated the aforesaid direction vide his letter no.603 dated 17.12.2004. The petitioner represented to the S.D.O. Sheikhpura vide Annexure-3 and 3/1 that the land in question fell in his share and as such the amount of compensation be paid to him. The S.D.O. Sheikhpura having considered the materials on record cancelled his earlier letter no.344 dated 7.8.2004 and letter no.603 dated 17.2.2004 by which he had recommended for payment of compensation money in two equal halves between the two brothers and recommended for the payment of compensation amount to be paid to the petitioner vide his letter no.68 dated 7.2.2005. - 2 - KHAN The petitioner thereafter on 23.3.2005 and 24.3.2005 represented before the District Magistrate, Sheikhpura, the S.D.O. Sheikhpura and the Chief Manager, N.T.P.C. Nalanda for payment of compensation money worth Rs.67,500/- in lieu of shelving of 45 palm trees; each valued at Rs.1500/-.The petitioner submits that up till now the N.T.P.C. has not made any payment to him. Counsel for the State files a counter affidavit stating therein that the S.D.O. Sheikhpura vide his letter no. 68/C dated 7.2.2005 has already requested the Chief Manager, Power Grid Corporation India Ltd., Biharsharif, Nalanda to pay requisite compensation amount to the petitioner. In view of the aforesaid fact, this court is of the view that if the petitioner files a presentation before the Chief Manager, Power Grid Corporation India Ltd., Biharsharif, Nalanda, he would pass necessary orders regarding payment of compensation to the petitioner in accordance with law within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J) - 3 -