Dinanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5910 of 2021 ====================================================== Dinanath Singh ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-09-2022 Heard the parties.

The following prayer has been made in the writ petition by the petitioner:- "(1) That the petitioner seeks indulgence of this Hon'ble Court for the following reliefs:- (a) To issue an appropriate writ/order/direction in the nature of mandamus commanding the Respondents authorities to determine the compensation/salutary amount in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 203 and pay to the petitioner for construction of PCC Road by the Respondent No. 2 the Executive Officer, Nagar

Patna High Court CWJC No.5910 of 2021(2) dt.22-09-2022 2/3 Parishad, Hajipur over three decimals of the raiyati land of the petitioner appertaining to Khata No. 127, part of Plot No. 913 situated at Mohalla Bag Taz Khan @ Pokhara, District- Vaishali at Hajipur without indicating any proceeding for acquisition of land or without giving any compensation for the land of the petitioner.

(b) To issue an appropriate writ/order/direction for declaring construction of the public road over the raiyati land of the petitioner without initiating any land acquisition proceeding or without making any payment of compensation is illegal and violative of Article 300-A of the Constitution of India.

(c) To grant any other relief (s) for which the petitioners are entitled to in the facts and circumstances of the case."

Learned counsel for the respondent No. 2 submits that the authorities of respondent No. 2 are asking for the documents which are not being produced by the petitioner.

Learned counsel for the petitioner submits that he has produced the documents but the respondent No. 2 is not taking cognizance of the same.

It is directed that the petitioner will hand over all the documents which have been asked by the respondent No. 2 vide "Annexure V" to Shri Kumar Manish, Advocate for respondent No. 2 who will hand over the documents to respondent No. 2. The respondent No. 2 will thereafter consider the claim of the petitioner and pass necessary orders in accordance with law within eight weeks of documents being handed over to

Patna High Court CWJC No.5910 of 2021(2) dt.22-09-2022 3/3 Shri Kumar Manish.

With the aforesaid observations and directions this application is disposed of.

(Sandeep Kumar, J) Vikas/Sunny U