Veena Devi @ Vina Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1540 of 2019 ====================================================== Veena Devi @ Vina Devi, W/o Late Sukeshwar Thakur, Vill. and P.O.-Binda, Ps.-Musahari, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna

2. The Director Land Acquisition Directorate, Revenue and Land Reform Department, Govt. of Bihar, Patna

3. Senior Scheme Engineer, Bihar State Bridge Construction Corporation Ltd., Work Division, Muzaffarpur

4. District Magistrate, Muzaffarpur

5. District Land Acquisition Officer Muzaffarpur

6. Sub Divisional Officer-cum-Divisional/Grievance Redressal Officer, Muzaffarpur East, Muzaffarpur

7. Land Reform Deputy Collector, Muzaffarpur East, Muzaffarpur

8. Circle Officer, Musahari, Muzaffarpur

9. Circle Inspector, Musahari, Muzaffarpur

10. Circle Amin, Musahari, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Respondent State:

Mr. Md. Khurshid Alam, AC to AAG-12 For BRPNN Ltd.

:

Mr. Vikash Kumar.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-01-2019 Heard learned Counsel for the parties concerned. This application has been filed seeking direction to the respondent authorities to make payment of compensation amount with statutory and pendente lite interest in the light of verification reports, submitted by the Circle Officer, Musahari, in respect of the land appertaining to Khata No. 187, Plot No. 1078, area 3 acres 94 decimals, Plot No. 1103, area 57 decimals out of 78 decimals, Plot No. 1139, area 74 decimals out of 85

Patna High Court CWJC No.1540 of 2019(3) dt.29-01-2019 2/3 decimals and under Khata No. 290, Plot No. 1092, area 22 decimals out of 65 decimals.

It is the case of the petitioner that the said land has been acquired by the State of Bihar for construction of an approach road to a bridge under Bihar Raiyati Land Lease Scheme, 2014. On the one hand, the petitioner claims that she has right, title and interest and she is in possession over the land, in question, it is noticeable from Annexure 6/2 to the writ application that the petitioner has filed an application on 22.02.2018, before the District Magistrate, Muzaffarpur, to the effect that the land in question has been transferred by her son in favour of someone else through a registered sale deed, executed on 27.11.2017. It is also stated in the said representation that the petitioner had filed an application before the Circle Officer, Musahari, for not allowing mutation in favour of the transferee of the said land.

It is further stated in the same application that the land, in respect of which the petitioner is claiming compensation, has been mutated in the name of the transferee. It is further stated in the application that the sale deed has been got executed by the petitioner's son under the influence of alcohol. In view of the petitioner's own statement, made in her application, dated 22.02.

Patna High Court CWJC No.1540 of 2019(3) dt.29-01-2019 3/3 Magistrate, Muzaffarpur, the grievance of the petitioner that she is not being paid the amount of compensation in accordance with Bihar Raiyati Land Lease Scheme, 2014, cannot be gone into in the present proceeding as this Court is not the appropriate forum for resolution of the nature of dispute which is being raised.

This application is, accordingly, dismissed.

It goes without saying that the petitioner shall have the liberty to approach civil court of competent jurisdiction raising the dispute in relation to execution of the sale deed by her son in respect of the land in question.

(Chakradhari Sharan Singh, J.) ragini/- U √