Vijay Shankar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2294 of 2024 ====================================================== Vijay Shankar Jha Son of Kamal Kumar Jha @ Kamal Kishore Jha Resident of Vilage-Alamnagar East, Ward No.01, P.S.-Alamnagar, District-Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Land Acquisition Department, Govt. of Bihar, Patna.

3.

The Director, Director, Land Acquisition and Rehabitation Department, Govt. of Bihar.

4.

The Principal Secretary, Road Construction Department,Department, Government of Bihar, Patna.

5.

The Commisioner, Kosi Division, Sarharsa.

6.

The District Magistrate, Madhepura, District-Madhepura. 7.

The Executive Engineer, Road Construction Department, Road Division, Madhepura.

8.

The District Land Acqusition Officer, Madhepura, District-Madhepura. 9.

The Sub Divisional officer, Udakishunganj, District-Madhepura. 10.

The Anchaladhikari, Alamnagar, District-Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Respondent/s :

Mr. Alok Ranjan, A.C. to A.A.G.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-05-2024 Heard the parties.

2. The present petition has been preferred for the following reliefs:- (i) for issuance of the writ nature of mandamus for direction to the respondents for considering the case of the petitioner for grant compensation of the acquired land bearing Khata

Patna High Court CWJC No.2294 of 2024(2) dt.16-05-2024 2/3 No. 187, Khesra No. 144, Area-0.071 acre which has acquired by the respondents and paying the compensation Rs.84,000/- per decimal instead of Rs.4,20,000/- as per the cost of registry prevailing at present;

(ii) further issue direction to the respondents acquired land on the basis of the old map as notified in the year 1957;

(iii) further issue direction to respondents pay the compensation of the acquired land worth of Rs.4,20,000/- per decimal as per the rate of registration are prevailing in the area, its four time as Rs.4,20,000/X 04-1680000/per decimal alongwith interest.

3. A counter affidavit on behalf of the respondent nos. 5 and 7 to 9 is on record duly put on affidavit by the District Land Acquisition Officer, Madhepura and paragraph-16 read as follows:- "16. That the assertion made in Para 12 of writ petition is not correct. In this connection it is humbly submitted that if the petitioner was not satisfied of the rate of compensation of his acquired land he must had filed Appeal before The Officer of Presiding Officer of competent Authority,

Patna High Court CWJC No.2294 of 2024(2) dt.16-05-2024 3/3 under the Act. But instead of filing Appeal in the Court of Presiding Officer, he has filed this writ petition."

4. Learned State Counsel further submits that the award prepared so far as the petitioner is concerned (AnnexureA) dated 29.08.2023 has not even been challenged by the petitioner in the present writ petition.

5. Learned Counsel for the petitioner submits that he will be presenting his case before the Presiding Officer of competent Authority.

6. In that case, he is duty bound to take the matter to its logical conclusion in next six months.

7. The writ petition stands disposed of.

(Rajiv Roy, J) Neha/- U