Nitu Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10537 of 2018 ====================================================== Nitu Kumari W/o Ram Narayan Sah, Resident of Ward No.11 Koriout, P.S.- Laukahi, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar and Ors .

2.

The Collector cum District Magistrate, Madhubani. 3.

The Additional Collector, Madhubani.

4.

The District Land Acquisition Officer, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha- SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-10-2024 In the instant petitioner, the petitioner has prayed for following reliefs:- "(I) To quash the notice No.3367 x1 dated 04.11.2017 under section 37 (2) of the Act No.30 of 2013 issued from the office of District Land Acquisition Officer, Madhubani whereby and where under the petitioner has been directed to appear in the office of undersigned on 22.11.17 in order to get the amount of compensation amounting to Rs. 10,24,126/- along with land related documents.

(II) To direct the Respondents to make the compensation of land of the petitioners considering the nature of land as residential in nature.

(III) To any other relief/s to which the

Patna High Court CWJC No.10537 of 2018(2) dt.28-10-2024 2/3 petitioner is entitled in the facts and circumstances of the case."

2. Learned counsel for the petitioner submits that petitioner got the land measuring 16 katha, 08 dhurs appertaining to Khata No.176 Khesara No.2074 (old), 2927, 2077, 2065, 2064 situated in mauza Kariyot P.S. Laukahi through a registered deed of gift dated 02.09.1997 executed by her own brother in her favour and she came in peaceful possession over the same. He further submits that Land Possession Certificate has been issued to the petitioner on 28.01.2017 by the Circle Officer, Laukahi which is annexed at Annexture-2 of the writ petition. Learned counsel further submits that land in question has been acquired by the State government but no compensation amount has been given as yet.

3. He further submits that the petitioner has not approach before the appropriate authority/forum for compensation amount. He further submits that notice has already been sent by the concerned authority to produce the relevant documents in respect of the land which has been acquired. He further submits that petitioner has not approached the rightful authority for redressal of the grievance and he has directly approached this court in its writ jurisdiction, which is

Patna High Court CWJC No.10537 of 2018(2) dt.28-10-2024 3/3 not the proper remedy. In the light of aforesaid, the present writ petition is not maintainable.

3. Considering the facts and circumstances of the case and the arguments advanced on behalf of both the parties, the present writ petition stands disposed of with liberty to the petitioner to raise his grievance before the appropriate authority/forum along with all the relevant documents within a period four weeks from the date of receipt of the order of this Court. The concerned authority is directed to consider the grievance of the petitioner by giving him due opportunity of hearing and pass appropriate order as per law expeditiously within a period six weeks from the date of representation. (Alok Kumar Pandey, J) amitkumar/- U