Authority: High Court of Judicature at Patna
Order Date: 21-08-2026
Case Overview
- Petitioners: Dashrath Prasad Singh, Subhit Prasad Singh, Upendra Prasad Singh, and Pankaj Kumar Singh (residents of Garhi/Kadwara, Belhar, District‑Banka) filed a review of the order dated 18‑11‑2025 in CWJC No.17933 of 2025, claiming the land earmarked for a 33 kVA power sub‑station is their raiyati (government) land and that the Electricity Department was proceeding without acquisition.
- Opposite parties: Bihar State Power Holding Company Limited (Chairman‑cum‑Managing Director) and the Electrical Executive Engineer, Amarpur, District‑Banka, contended that the land has been in their possession since a sale deed dated 06‑09‑1965 executed by the grandfather of the petitioners and that title was acquired by adverse possession.
- The petitioners objected to paragraph 5 of the 18‑11‑2025 order, which stated that the Electricity Department shall not start construction without acquiring the land, arguing it implied a declaration of the petitioners’ title.
- The opposite parties argued the paragraph correctly reflected the factual ownership and that no review was necessary.
Final Outcome
- The Court clarified that paragraph 5 does not infer any determination of title or possession; any dispute over title must be pursued before the appropriate civil court.
- The Electricity Department may proceed with construction after acquiring the land in accordance with law, provided there is no bona‑fide title dispute.
- The review petition is disposed of, and the order dated 18‑11‑2025 is modified to incorporate the clarification.
Topics: Land Acquisition, Power Infrastructure, Judicial Review