Ram Prakash Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14402 of 2018 ====================================================== Ram Prakash Das son of Late Dev Narayan Das resident of village - Saravey, Tola - Shyampatti, P.S. - Khajauli, District - Madhubani. ... ... Petitioner/s

Versus

1. The State Of Bihar though the Principal Secretary, Department of Revenue and Land Reforms.

2. The District Magistrate, Madhubani.

3. The Special Land Acquisition Officer, Kosi, Yojna, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bidhanesh Misra, Adv.

: Ms. Tanuja Kumari Mishra, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan- SC25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-01-2025 In the instant petition, the following order was passed on 13.11.2024.

"None appeared on behalf of the petitioner.

2. In the instant petition, the petitioner has prayed the following reliefs(s)- i) For a direction to pay the compensation amount for the land measuring 68 decimals acquired in 2005-06 vide case no. 15/05-06 at the market value of 2014 as the compensation for 54 decimals was paid in 2014.

ii) For a direction to pay the compensation amount of 14 decimals of land which has not been paid till date despite acquisition was done in 2005-06.

iii) For a direction to pay interest on the amount due to the petitioner since 2006-07

Patna High Court CWJC No.14402 of 2018(3) dt.07-01-2025 2/3 as the compensation amount was paid in 2014.

iv) For any other relief or reliefs for which the petitioner is entitled in the eye of law.

3. From perusal of the prayer clause, it appears that for acquisition of land in 2005-06 compensation amount has been paid in 2014 for 54 decimals out of 68 decimals and compensation amount of 14 decimals has not been paid till date.

4. No counter affidavit has been filed on behalf of the State. Learned counsel for the State intends to file counter affidavit.

5. As prayed for, list this case on 10.12.2024.

6. It is made clear that in case no one appears on behalf of the petitioner on the next date of hearing, the matter would be decided on the basis of material available on record as the matter is pending consideration for the last six years."

2. Learned counsel for the petitioner submits that petitioner has limited grievance that he has not been given compensation amount of 14 decimals land, though, he has already received the compensation amount of 54 decimals out of 68 decimals.

3. Learned counsel for the State submits that petitioner has remedy to file petition for remaining portion of

Patna High Court CWJC No.14402 of 2018(3) dt.07-01-2025 3/3 the land against Respondent nos. 2 and 3 but he has not represented his grievance before the said authority. If petitioner represents his grievance before the concerned authority for compensation amount, the concerned authority may look into the matter.

4. 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 concerned authority 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 five months from the date of representation. (Alok Kumar Pandey, J) amitkumar/- U