Anand Pande v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13018 of 2018 ====================================================== Anand Pande Son of Late Prabhunath Pande resident of Village - Gangajal Tola, P.S. - Sonepur, District - Saran.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Department of Revenue, Govt. of Bihar, Patna. 3.

District Collector cum Magistrate, Saran.

4.

District Land Acquisition Officer, Saran.

5.

A.D.M. Saran, Chapra.

6.

S.D.O. Sonepur, Saran.

7.

Circle Officer, Sonepur, Saran.

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-11-2024 In the instant petition, the petitioner has prayed for following reliefs:- "I. To direct the respondent authorities to make sufficient, adequate and satisfactory payment as compensation with compound interest to the petitioner as per the new rule of land acquisition in the light of judgment of Hon'ble High Court as well as Hon'ble Apex Court.

In view of the facts the land of petitioner has been acquired for construction of approach road which relates to Digha-Pahleza Ghat Road cum Railway Bridge under Gangajal Mauza bearing Khata No.297, Plot No.406 which is Khatiyani land of petitioner from

Patna High Court CWJC No.13018 of 2018(2) dt.12-11-2024 2/3 a 47 Katha plot and acquired 38 katha land from this plot which is about 138.00 acre which is running in the name of petitioner's father late Prabhunath Pande and taxes have been paid in this regard and in spite of representation or legalnotice no any action has been taken due to oblique reason and malafide intention of respondents concern.

II. To take immediate action for providing the compensation.

III. To provide any other relief for which petitioner is entitled for."

2. Learned counsel for the petitioner submits that petitioner's three plots of land were acquired by the Government appertaining to (i) Khata No.38, Khesara No.398, (ii) Khata No.382, Khesara No.2602 and (iii) Khata No.297, Khesara No.406. Learned counsel submits that petitioner has been given compensation in respect of two plots of lands only i.e. for (i) Khata No.38, Khesara No.398 and (ii) Khata No.382, Khesara No.2602, but he has not been given compensation in respect of the third plot of land i.e. Khata No.297, Khesara No.406. He further submits that for payment of compensation in respect of his third plot of land, petitioner made representation before the District Land Acquisition Officer, Saran and District Magistrate, Saran which have not been decided as yet.

Patna High Court CWJC No.13018 of 2018(2) dt.12-11-2024 3/3

3. Learned counsel for the State submits that compensation has already been paid to the petitioner. Learned counsel further submits that the third plot of land of the petitioner appertaining to Khata No.297, Khesara No.406 measuring 1.38 does not belong to the petitioner as is evident from letter dated 27.07.2019 of Senior Project Engineer, Works Division, Patna as contained in Annexure-B of the counter affidavit, therefore, the petitioner is not entitled to get any compensation in respect of the said plot of land.

4. Be that as it may, considering all the aspects of the matter, the present writ petition stands disposed of and the petitioner is directed to file fresh representation regarding his grievance before the competent authority within four weeks from the date of receipt of this order. If such representation is filed, the concerned authority is directed to consider and dispose of the representation of the petitioner in accordance with law within a period of eight weeks from the date of filing of representation. (Alok Kumar Pandey, J) amitkumar/- U