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Patna High CourtCWJC/1969/2022disposed

Parshuram Singh v. The State Of Bihar

2022-03-21The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1969 of 2022 ====================================================== Parshuram Singh Son of Saryug Singh, Resident of Village - Baura Bariyarpur, Anchal and Police Station Pupari, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Divisional Commissioner, Tirhut Division, Muzaffarpur.

2.

The Arbitrator - Cum - Commissioner, Tirhut Division, Muzaffarpur. 3.

The Collector Cum District Magistrate, Sitamarhi. 4.

The Land Acquisition Officer, N.H. Division, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Nath Dubey, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-03-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). "1. That this application is being filed forj issuance of writ./writs, order/orders, direction/directions to the respondent no.2 to consider the Arbitration Case (Land Acquisition) No. 208 of 2018 filed by the petitioner on 21.12.2018 for payment of compensation for the land of the petitioner which has been acquired for National Highway No. 527(c) but the payment has not been made to the petitioner properly and the petitioner filed objection before the Respondent No.3 on 28.11.2018 but no order has been passed and the respondent authority without examining the land in proper manner tried

Patna High Court CWJC No.1969 of 2022 dt.21-03-2022 2/3 to grab the land of the petitioner without making proper payment of compensation for which the petitioner filed application L.A. Case No. 208/2018 before the Respondent No.2 but no order has been passed till the date and the petitioner suffered irreparable loss and further direct the respondents not to take any step for dispossession of he petitioner from his land during the pendency of the objection filed by the petitioner and further direct the respondents to consider the grievance of the petitioner for payment of compensation as per Land Acquisition Act."

Learned counsel for the respondents states that the arbitrator shall be requested to conclude the proceedings expeditiously and preferably within a period of three months from today.

Statement accepted and taken on record.

Leaving the issue of maintainability of the present petition open, while accepting the statement made on behalf of the State, we dispose of the present petition in terms thereof. Liberty reserved to the petitioner to approach the Court, should the need so arise subsequently.

Parties agree that they shall make themselves available in the office of the Arbitrator - Cum - Commissioner, Tirhut Division, Muzaffarpur on 4th of April, 2022 at 10:30 A.M. along with a copy of this order.

Patna High Court CWJC No.1969 of 2022 dt.21-03-2022 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR CAV DATE Uploading Date Transmission Date