Sudha Jaiswal v. The State Of Bihar And ORS

Patna High Court CWJC No.1478 of 2017 (2) dt.02-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1478 of 2017 ======================================================

1. Sudha Jaiswal, Wife of Shri Vijay Jaiswal, R/o-Mohalla-Nandgola, Patna City, P.S.-Malsalami, District-Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Revenue and Land reforms Government of Bihar Patna

2. The Principal Secretary Revenue and Land Reforms, Government of Bihar, Patna.

3. The District Collector, Patna

4. The District Land Acquisition Officer, Patna

5. The Circle Officer, Patna .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Alok Ranjan For the Respondent/s : Mr. Md. Khurshid Alam- AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02.03.2017

1. Heard learned counsel for the petitioner as well as learned counsel appearing for the Sate.

2.

Although petitioner has prayed for quashing advertisement dated 29.1.2016 published in daily newspaper 'Hindustan' for acquisition of the land mentioned therein for construction of Digha Didarganj Ganga Road and for issuing direction to the respondents not to disturb peaceful possession of the petitioner and also for correction of the name of the petitioner in the record of the government as land bearing part plot no. 1268 area 945 square feet yet, in course of hearing, learned counsel for the petitioner submits that this petition may be disposed of giving direction to the Collector to dispose of objections filed by petitioner as contained at annexures 4, 5 and 6 to the petition within a prescribed period in accordance with

Patna High Court CWJC No.1478 of 2017 (2) dt.02-03-2017 law.

3. Learned counsel appearing for the petitioner submits that after publication for acquisition of the land mentioned in the aforesaid publication for construction of Digha Didarganj Ganga Road, the petitioner filed objections under section 15 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 but even after filing of the aforesaid objections, the collector has not passed any order and without deciding objections of the petitioner the concerned authorities are adamant to take possession of the land in question.

4. Considering the aforesaid submissions as well as facts and circumstances of the case, this petition stands disposed of giving direction to respondent no.3, the Collector, Patna, to dispose of objections filed on behalf of the petitioner which have been annexed as annexures 4, 5 and 6 to the petition within a period of one month from the date of receipt/production of copy of this order in accordance with law.

shahid (Hemant Kumar Srivastava, J) U T