Pujan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1631 of 2023 ====================================================== Pujan Thakur Son of Late Nawal Kishore Thakur, Resident of VillageParihar, Sonapatti, Police Station- Parihar, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Chief Secretary, Government of Bihar, Patna.

2.

The Chief Secretary, Government of Bihar, Patna. 3.

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

4.

The District Land Acquisition Officer-cum- Collector, Sitamarhi. 5.

The Deputy Collector, Land Reforms Sitamarhi, Sadar. 6.

The Presiding Officer-Cum- President Land Acquisition and Rehabilitation, Sitamarhi.

7.

The Sub Divisional Officer, Sitamarhi.

8.

The Circle Officer, Parihar, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tuntun Kumar, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-07-2023 Counsel for the petitioner and counsel for the State are present.

The present writ petition has been filed for payment of petitioner's money towards compensation of acquisition of his land vide Thana No.83, Khata No.714, Plot No.2624, Area 0.001 Hectare situated at Mauza Khairwa Malahi, ThanaSitamarhi, District-Sitamarhi along with four times of the valuation of land at present in the market.

Counsel for the petitioner admits that award has been

Patna High Court CWJC No.1631 of 2023(2) dt.04-07-2023 2/3 made in this case. He also submits that vide Annexure-5 a letter has been issued by the Land Acquisition Officer in lieu of deposition of money in LARRA (Land Acquisition, Rehabilitation, and Resettlement Authority) for acquisition of his land to construct S.H.-87. Counsel submits that petitioner's name has figured at serial no.26, where land was shown as residential and total amount of Rs. 27,038/- is there, which he has to receive.

Counsel for the State submits that the petitioner is the heir and legal representative of person whose name has figured in the Annexure-5. Counsel further submits that there are other heirs also and if the petitioner shall file all requisites showing all the heirs and legal representatives of Late Ram Sundar Thakur then authority shall definitely pay the said amount. And for this a direction may be given to the Land Acquisition Officer to make payment within the fixed period of time. After going through the record and hearing the arguments, this Court hereby directs the Land Acquisition Officer, Sitamarhi to make the payment of the petitioner and other heirs of Late Ram Sundar Thakur, whose name is at serial no.26, within 60 days from the date of filing of representation by the petitioner along with other heirs and legal representatives

Patna High Court CWJC No.1631 of 2023(2) dt.04-07-2023 3/3 of Late Ram Sundar Thakur or along with their authorization with him.

Petitioner is free to file a reference before Land Acquisition, Rehabilitation, and Resettlement Authority if he receives the said amount with objection, for payment of his compensation amount on enhanced value.

With the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U