Dharmendra Yadav And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11380 of 2016 ====================================================== 1.

Dharmendra Yadav and Anr S/o Late Anandi Yadav 2.

Dayanand Yadav S/o Late Anandi Yadav Both resident of village-Jagannathpur, P.O-Nandlalpur, P.SKahalgoan, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The Chief Secretary, Govt of Bihar, Patna.

3.

The Special Land Acquisition OfficerCanal Middle Sinchai Pariyojana, Bhagalpur.

4.

The District Magistrate, Bhagalpur, District-Bhagalpur. 5.

The District Land Acquisition Officer, Bhagalpur, District-Bhagalpur. 6.

The Circle Officer , Kahalgaon, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta, Adv.

For the Respondent/s :

Mr. Anshuman Singh, GP24 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 22-08-2024 Heard learned counsel for the parties.

2. In this writ application, the petitioners have prayed for following relief(s):- "1. That this writ application is being filed for issuance of the writ nature of mandamus for direction to the respondents to grant compensation of the land, land of the petitioners bearing Khata no. 128, Khesra no. 291, Area 6 decimals has been acquired by the respondents out of them only Rs. 18,755/- paid to the petitioners remaining cost of the land has not been paid to the petitioner, further issued direction to respondents to grant the

Patna High Court CWJC No.11380 of 2016 dt.22-08-2024 2/3 compensation of the land which has been acquired by the Special Land Acquisition Officer (Canal) Middle Sinchai Pariyojana, Bhagalpur and further give other legal consequential benefit to the petitioner."

3. Learned counsel for the petitioners submits that the land bearing Khata No. 128, Khesra No. 291 and area 6 decimals is a Khatiyani land of the petitioners which has been acquired by the respondent authorities. He further submits that the petitioners have been paid the compensation amount of Rs. 18,755/- whereas the petitioners are entitled for payment of Rs. 1,92,000/- and, thus, the petitioners are entitled for a differential amount of Rs. 1,73,245/- along with interest over the same.

4. Learned counsel for the petitioners further submits that the petitioners have filed an application dated 28.01.2016 before the respondent Special Land Acquisition Officer (Canal), Middle Irrigation Project, Bhagalpur in Acquisition Case No. 29/2007-08 regarding compensation of the land but, the same has not yet been disposed of and is still pending consideration. Accordingly, learned counsel for the petitioners seeks a direction upon the Special Land Acquisition Officer (Canal), Middle Irrigation Project, Bhagalpur (Respondent No.3) to dispose of the pending application dated 28.01.2016, within a fixed time frame.

Patna High Court CWJC No.11380 of 2016 dt.22-08-2024 3/3

5. Learned counsel for the respondent-State submits that in case the aforesaid application dated 28.01.2016 is still pending, the same may be disposed of, within a stipulated time frame, as is fixed by this Hon'ble Court.

6. Having regard to the facts and circumstances of the case, this Court deems it fit and proper to direct the Special Land Acquisition Officer (Canal), Middle Irrigation Project, Bhagalpur (Respondent No.3) to dispose of the aforesaid application, in case the same has not yet been disposed of, in accordance with law within a period of eight weeks from the date of receipt/production of a copy of this order.

7. The writ petition stands disposed of on the aforesaid terms.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2024 Transmission Date