Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2648 of 2022 ====================================================== Vijay Kumar Son of Late Bhagwan Lal Sah, Residence of Village and PostKanhauli, Ward no.01, P.S.-Kanhauli, Anchal- Sonbersa, Distt.- Sitamarhi. ... ... Petitioner

Versus

1.

The State of Bihar through the Secreary, Rural Development Works Department, Bihar, Patna.

2.

The Distt. Magistrate, P.S and District- Sitamarhi. 3.

The Distt. Land Acquisition Officer, P.S and District- Sitamarhi. 4.

The Circle Officer, Sonbarsa, Distt-Sitamarhi, P.S.- Sonbarsa. 5.

The Block Development Officer Sonbarsa, Distt-Sitamarhi, P.S.- Sonbarsa. 6.

The Executive Engineer, Rural Works Department Distt-Sitamarhi, P.S.- Sonbarsa.

7.

The Assistant Executive Engineer, Rural Works Department, P.S. and DisttSitamarhi. 8.

Lovely Constriction Proprietor Namely Mr. Parimal Ranjan, P.S. DistrictSitamarhi. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr. K.P. Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-09-2024 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 2.

It appears from the counter-affidavit as well as supplementary counter-affidavit filed on behalf of the respondents that 28 decimals of land (Khata No. 739, Khesra No. 266, Area- 20 decimal + Khata No. 739, Khesra No. 289, Area- 8 decimals), which belongs to the petitioner has been used for construction of the road in question and from perusal of the

Patna High Court CWJC No.2648 of 2022(6) dt.23-09-2024 2/2 paragraph no. 9 of the counter-affidavit as well as paragraph no. 5 of the supplementary counter-affidavit, it transpires that the respondents have accepted that land of the petitioner appertains to Khata No. 739, Khesra No. 266, Area- 20 decimal (out of total area 22 decimal) along with Khata No. 739, Khesra No. 289, Area- 8 decimals and the authorities have acquired 28 decimals of land without giving any compensation to the petitioner and in view of the stand taken by the State respondent, that they have written a letter to the concerned authority to pay compensation to the petitioner (Annexure-A of the counter-affidavit).

3.

In view of the aforesaid, the writ petition may be disposed of with a direction to the respondent no. 2 (DM, Sitamarhi) to direct the competent authority to pay the compensation amount to the petitioner in accordance with law within a period of three months from the date of receipt / production of a copy of this order.

4.

Accordingly, with the aforesaid direction, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U