Subodh Choudhary And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4720 of 2018 ====================================================== 1.

Subodh Choudhary, Son of Late Ram Bilash Choudhary, resident of VillageSourh, Bharat Khand, P.S. Parbatta, District Khagaria. 2.

Kumod Singh, Son of Late Ayodhya Singh, resident of Village- Bharat Khand Dyodhi, P.S. Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department (Land Acquisition Directorate) Bihar, Patna 3.

The Director, Land Acquisition, Bihar, Patna. 4.

The Chief Engineer, Bhagalpur.

5.

The Collector, Khagaria.

6.

The District Land Acquisition Officer, Khagaria. 7.

The Special Land Acquisition Officer, Khagaria. 8.

The Executive Engineer, Water Wage Division (Jal Path Pramandal), Khagaria.

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. Mukul Prasad, AC to GP- 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 18-07-2024 Heard Mr. Mritunjay Kumar, learned Advocate for the petitioners and Mr. Mukul Prasad, learned AC to GP-18, for the State.

2. The petitioners have approached before this Court seeking a direction upon the respondents to pay the compensation amount, as per the present rate with interest against acquisition of their land appertaining to Mauza Sourh,

Patna High Court CWJC No.4720 of 2018 dt.18-07-2024 2/3 Thana no. 347, Khesara no. 2577, area 0.14 acres through Land Acquisition Case No. 31 of 1962-63.

3. Learned Advocate for the petitioners contended that the land was acquired in the year 1962, but despite all the efforts, till date the compensation has not been paid. It is also contended that several other similarly situated persons approached this Court in different writ petitions and their matters have been relegated to the District Land Acquisition Officer, Khagaria in order to examine the claim of the petitioners. Copies of the orders/judgments passed in C.W.J.C. No. 12977 of 2015 and C.W.J.C. No. 1006 of 2017 have been produced before this Court. The petitioners seek disposal of their case in terms of identical orders passed by this Court.

4. Learned Advocate for the State while refuting the contention of the learned Advocate for the petitioners submits that the land of the petitioners was acquired in the year 1962 and the petitioners approached this Court after lapse of six decades and on this count alone, the present writ petition is fit to be dismissed.

5. Considering the fact that leaned Co-ordinate Bench of this Court, in identical matter, has entertained the writ petition and disposed of the same with liberty to the petitioners

Patna High Court CWJC No.4720 of 2018 dt.18-07-2024 3/3 to file fresh representation along with the relevant documents of title and possession, this Court taking similar stand disposed of the writ petition with liberty to the petitioners to approach before the District Land Acquisition Officer, Khagaria with all the relevant documents of their title and possession with regard to the land, in question. In the event, such representation is filed by the petitioners, the District Land Acquisition Officer, Khagaria (respondent no.6) shall dispose of the same in accordance with law after hearing the parties within a period of six months from the date of filing of such representation.

6. The writ petition stands disposed of with the aforesaid observation.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.07.2024 Transmission Date NA