Arun Kumar Mahto @ Arun Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19918 of 2016 ======================================================

1. Arun Kumar Mahto @ Arun Mahto, Son of Muneshwar Mahto, resident of village - Bharpura, P.S. Sonepur, District - Saran at Chapra ( Bihar ) .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue, Government of Bihar, Patna

2. The District Magistrate, Saran at Chapra, District - Saran ( Bihar )

3. The District Land Acquisition officer, Saran at Chapra District Saran (Bihar)

4. The Circle Officer, Sonepur, District - Saran (Bihar )

5. Pankaj Prasad, Son of Late Sitaram, resident of village - Bharpura, P.S. Sonepur, District - Saran at Chapra ( Bihar ) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhanendra Chaubey For the Respondent/s : Mr. Rishi Raj Sinha- SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-02-2018 Heard both sides.

The petitioner has filed this writ petition for a direction upon the respondents to pay compensation of Rs. 3,93,546/- to the petitioner.

Admittedly, the land of khata No. 667, Khesra No. 2582, area 44 decimal of village Bharpura was acquired but award was prepared in the name of Sitaram Prasad. The petitioner and Harendra Mahto objected and it was found that the acquired land stands in the name of petitioner and Harendra Mahto. The Land Acquisition Officer after hearing both sides found that due to mistake the amount of compensation was paid to Pankaj Prasad, son of Sitaram Prasad. Accordingly, vide memo No. 1155 dated 19.10.2016 (Annexure-1) Pankaj Prasad was directed to return the amount through draft/ cheque so that payment may be made to the

Patna High Court CWJC No.19918 of 2016 (3) dt.16-02-2018 2/2 petitioner and Harendra Mahto.

The learned counsel for the petitioner submits that one and half year has elapsed but no payment is made nor the order, as contained in Annexure-1, has been complied with. Having considered the facts aforesaid, I dispose of this writ petition with a direction to the Collector as well as District Land Acquisition Officer, Saran at Chapra to make payment of compensation amount to the petitioner and Harendra Mahto within three months from the date of receipt/ production of a copy of this order.

This writ petition stands disposed of.

(Prabhat Kumar Jha, J) BKS/- U