Sumeri Sardar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.748 of 2019 ====================================================== Sumeri Sardar Son of Nunulal Sardar Ward No.13, Vill- Gamharia, P.O.- Sirsia Kalan, District- Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Water Resources Department, Government of Bihar, Patna 2.

The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna 3.

The District Land Acquisition Officer, Kosi Project, Saharsa 4.

The Special Land Acquisition Officer, Kosi Project Saharsa 5.

The District Land Acquisition Officer, Kosi Project, Supaul 6.

The Special Land Acquisition Officer, Kosi Project, Supaul 7.

The District Land Acquisition Officer, Kosi Project, Araria 8.

The Special Land Acquisition Officer, Kosi Project, Araria 9.

The District Land Acquisition Officer, Kosi Project, Purnia 10.

The Special Land Acquisition Officer, Kosi Project, Purnia 11.

The Collector, Saharsa 12.

The Collector, Supaul 13.

The Collector, Araria 14.

The Collector, Purnia 15.

The Executive Engineer, Jal Nishtaran and Anusandhan Pramandal, Purnia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Prasad, Adv.

Mrs.Veena Kumari Jaiswal, Adv.

For the Respondent/s :

Mr.Sudhanshu Bhushan, AC to GP7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondents to pay the compensation amount to the petitioner with upto date

Patna High Court CWJC No.748 of 2019(3) dt.27-02-2025 2/3 interest which has already been acquired by the respondents in the year 1980-81 as compensation amount has not been paid as yet.

3. Counsel for the respondents submits that counteraffidavit has come in which stand has been taken by the State that after notification, declaration award was not prepared in the name of raiyat whose land was to be acquired under the aforesaid project as such, the land acquisition proceeding has been lapsed on 02.10.1994.

4. It transpires to this Court that vide order dated 23.01.2025, the petitioner was directed to file rejoinder to the counter-affidavit with all documents and it was specifically directed that in case, the petitioner shall not provide documents towards prove of acquisition of his land, this Court shall pass order on the basis of documents available on record, but the same has not been filed till date.

5. Counsel for the petitioner submits that he is not in contact with his client as he is working out of the State. After repeated efforts, counsel could not contact to his client.

6. In this background, counsel for the petitioner seeks permission to withdraw the present writ petition with liberty to move afresh as and when occasion shall arise for him.

Patna High Court CWJC No.748 of 2019(3) dt.27-02-2025 3/3

7. Permission granted.

8. Accordingly, the present writ petition is hereby withdrawn with the aforesaid liberty.

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