Ram Janam Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15938 of 2017 ====================================================== Ram Janam Sharma Son of Late Sant Prasad Singh, R/o Village- Usari, P.S.- Bhadsara Kako, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chief Secretary, Government of Bihar, Patna.

3.

Principal Secretary, Rural Works Department, Government of Bihar, Patna. 4.

District Magistrate, Jehanabad.

5.

Superintendent of Police, Jehanabad.

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

For the Petitioner/s :

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

Mr. Manish Kumar, AC to AAG-6 (Ex.) [In-Charge AAG-5] ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2023 1.

The present writ petition has been filed seeking the following relief:- "1.a.For commanding the respondents to enquire into the matter after lodging FIR about loss of the public money in making construction of road from Golakpur to Milky, under Kako Block, DistrictJehanabad by Rural Works Department, Government of Bihar over the land of the petitioner and other villagers.

b. Also for direction to the

Patna High Court CWJC No.15938 of 2017(7) dt.21-08-2023 2/3 respondents to ensure nature of the land of the petitioner and other villagers be brought in the same position as it is.

c. Also for direction to the respondents to take appropriate actions against the erring officials who are involved in misusing government fund in making construction of the road from Golakpur to Milky under Kako Block, District-Jehanabad without acquiring the land and consent of the petitioner who is owner of the land."

2.

At the outset, the learned counsel for the respondent-State has submitted that in pursuance to the order dated 15.05.2023, passed by this Court earlier, the land in question has been acquired, lease deed has been executed, inbetween the respondent-State and the petitioner, whereafter, in lieu thereof, a sum of Rs. 13,61,248/- has been paid by way of compensation to the petitioner.

Patna High Court CWJC No.15938 of 2017(7) dt.21-08-2023 3/3 3.

At this juncture, the learned counsel for the petitioner submits that the amount of compensation paid to the petitioner is meagre, hence the petitioner be granted liberty to take recourse to the due process of law for the purposes of claiming enhanced amount of compensation. Liberty, so sought, is granted.

4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U