Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1788 of 2020 ====================================================== Santosh Kumar, son of Shri Ramchandra Prasad, Resident of VillageDaniyawan, P.O. and P.S.-Daniyawan, District-Patna Pin-801304 ... ... Petitioner

Versus

1.

The State of Bihar represented through the Chief Secretary, Govt. of Bihar, Patna.

2.

The Principal Secretary, Department of Land Reform, Revenue, Bihar, Patna 3.

The Collector at Patna, District-Patna.

4.

The District Land Acquisition Officer, Patna. Dist.-Patna. 5.

The Circle Officer, Daniyawan, District-Patna. 6.

Mostt. Dhanaya Devi W/o Late Satyanarayan Singh Resident of VillageDaniyawan, P.O. and P.S.-Daniyawan, District-Patna, Pin-801304 7.

The Deputy Collector Land Reform Masaurhi-cum-Additional District Land Acquisition Officer, District- Patna.

8.

District Sub Registrar, Patna, District- Patna. 9.

Additional Director General, Vigilance Investigation Beuro Cabinet Vigilance Department, Govt. of Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Dilip Kumar, Advocate For the Respondents :

Mr. Dhurjati Kumar Prasad, G.P.-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-07-2022 Heard learned counsel for the parties.

In this case, the petitioner is seeking direction to the respondents to immediately pay the amount of compensation with interest to the petitioner for his land acquired by the respondents for widening of Fatuha - Harnaut- Barh (N.H.-30A) and also to refer the matter to the Civil Court for adjudication of the title dispute for disbursement of compensation amount to the

Patna High Court CWJC No.1788 of 2020(5) dt.11-07-2022 2/3 petitioner. The petitioner is also challenging the orders dated 30.03.2017 and 25.04.2017 by which payment of compensation has been made to the private respondent no.6. Pursuant to the earlier order of this Court, the Collector, Patna and other officers are present in Court along with the records of the case.

Pursuant to the order of this Court, a list of officers who had held the post of the respondent nos. 4, 5 and 7 from 19.05.2016 to 27.02.2020 has been submitted by learned counsel for the State.

It appears that the petitioner has filed a Title Suit No.357 of 2022 in the Court of Subordinate Judge, Patna City. This kind of dispute cannot be decided in the present proceeding. Moreover, the petitioner has no direct relation with the respondent no.6 in whose favour the amount of compensation has been disbursed. If there will be any order of the competent authority in favour of the petitioner, he will get the fruits of the order as per the process of the Court. Considering the aforesaid facts, this Court is of the opinion that this writ petition is misconceived. Accordingly, it is dismissed with a cost of Rs.25,000/- which shall be paid by the petitioner in the Legal Aid Committee, Patna, for bringing

Patna High Court CWJC No.1788 of 2020(5) dt.11-07-2022 3/3 frivolous litigation before this Court and for suppressing the fact which has resulted in personal appearance of the officials. The amount of cost should be paid within a period of six weeks from today. If the same is not deposited by the petitioner then the same shall be recovered from the petitioner under the Public Demand Recovery Act.

The personal appearance of the Collector, Patna is dispensed with.

(Sandeep Kumar, J) pawan/- U