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Patna High CourtCWJC/11714/2017disposed

Ram Bahadur Mahto And ORS v. The State Of Bihar And ORS

2025-04-28Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11714 of 2017 ====================================================== 1.

Ram Bahadur Mahto and Ors.

2.

Ram Bali Mahto 3.

Ram Vilas Mahto 4.

Arjun Mahto All are sons of late Faudar Mahto resident of Jokiya Panchayat, Tanri Tola, P.S. - Bhagwanpur, District - Begusarai. 5.

Sunita Devi W/o Indradeo Mahto resident of Jokiya Panchayat, Tanri Tola, P.S. - Bhagwanpur, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors.

2.

The Collector-cum-District Magistrate, Begusarai. 3.

The District Land Acquisition Officer, Begusarai. 4.

The Managing Director, Bihar State Pool Nirman Nigam Ltd. Work Division, Darbhanga.

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

For the Petitioner/s :

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

Mr. Md.Khurshid Alam -AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-04-2025 Heard the parties.

2. The present writ petition has been preferred for the following relief(s):

"for issuance of a writ is the nature of writ of mandamus directing the respondents to grant compensation to the petitioners as per law upon whose raiyati land approach road from Tari Pool to Tari Jamindari Bandh is being constructed without following due procedure of land

Patna High Court CWJC No.11714 of 2017(2) dt.28-04-2025 2/3 acquisition and without making payment of due compensation to them as per law and also as an ad-interim relief construction of approach road till payment of due compensation be kept in abeyance. And/or pass such other order/orders as Your Lordships may deem fit and proper."

3. A counter-affidavit of the State-respondent nos. 2 and 3 is on record and paragraph 15 read as follows: "15. That the statement made in paragraph no. 8 of the writ petition is matter of record. However it is relevant to mention here that the petitioner made complain against the District land Acquisition Officer before the District Public Grievance Redressal Cell where the land Acquisition Department Begusarai appeared and stated that the Bihar State Pool Nirman Nigam ltd. should do construction work after acquisition and handing over the land in question and as such after hearing the parties the said officer passed the appropriate order and directed the land Acquisition Officer to sent a letter for make available differential amount of Rs. 1900130/- with

Patna High Court CWJC No.11714 of 2017(2) dt.28-04-2025 3/3 copy of this order to Bihar State Pool Nirman Nigam ltd."

4. This counter-affidavit was filed in the year 2017 and there is no subsequent/supplementary counter-affidavit on what happened thereafter. It would be appropriate that the concerned respondent no. 2, the Collector, Begusarai take the matter to its logical conclusion, if still has not been concluded.

5. The order has been passed in the presence of both the learned counsel for the petitioner and the State and they are duty bound to inform the Collector, Begusarai in this regard.

6. The respondent no. 2, the Collector, Begusarai has to take the matter to its logical conclusion at an earliest and within a period of four months from today.

7. The present writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U