Bhupendra Mishra @ Bupendra Ramswarup Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6622 of 2021 ====================================================== Bhupendra Mishra @ Bupendra Ramswarup Mishra son of Late Ram Swarup Mishra At and P.O.- Dumariya Khurd, P.S.- Parbatta, District- Khagaria, At present- Sankalp Siddhi Co-Op. Housing Society Ltd, Genaral Arun Kumar Vaidh Marg, Behind Dindoshi Bus Deppot, Malad East, S.O., Mumbai, Maharashtra ... ... Petitioner

Versus

1.

The State of Bihar 2.

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

The District Magistrate, Bhagalpur 4.

The District Public Grievance Redressal Officer, Bhagalpur 5.

The District Land Acquisition Officer, Bhagalpur 6.

The Circle Officer, Goradih, Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Manoj Kumar Sinha, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 31-07-2025 Heard the parties.

2. In the instant petition, petitioner has prayed for the following relief(s):- (I) For issuance of an appropriate writ commanding the respondents to pay the compensation of his land in terms of the Land Acquisition Act, 1894.

(II) For any other relief/reliefs the petitioner is entitled under law as well as on facts.

2/4

3. Learned counsel for the petitioner submits that petitioner has purchased the land appertaining to Khata No. 28, Khesara No. 428, Thana No. 127 Area 9 katha 73 decimal situated at Mauza Sarmaspur through registered sale deed no. 10630 of 2004 dated 24.07.2004 as evident from the sale deed which is annexed as Annexure 8 to the rejoinder to the counter affidavit. He further submits that the land in question has been acquired by the State Government for the purpose of construction of by-pass road in Bhagalpur town without issuing any notice to the petitioner. He further submits that no compensation has been paid to the petitioner for the acquisition of the land in question.

He further submits that petitioner has represented his grievance before the District Land Acquisition Officer, Bhagalpur and District Public Grievance Redressal Officer, Bhagalpur. He further submits that the District Land Acquisition Officer, Bhagalpur issued a letter letter no. 166 dated 11.03.2019 to the District Public Grievance Redressal Officer, Bhagalpur stating therein that petitioner may be directed to submit the proof of the land in question in the District Land Acquisition Office, Bhagalpur, as contained in Annexure 3 to the writ petition. He further submits that on 16.03.

3/4 District Land Acquisition Officer, Bhagalpur with attested attested photo, rent receipt, L.P.C. Adhar Card and Pass book. He further submits that Public Grievance Redressal Officer, Bhagalpur has passed the final order on 21.05.2019 stating therein that due to lack of financial powers of the District Land Acquisition Officer, the matter could not be decided within time.

4. Learned counsel for the State submits that compensation for petitioner's land in question, which has been acquired by the State Government for the purpose of construction of by-pass road in Bhagalpur town, has not been denied. He further submits through paragraph 10 of the counter affidavit that by virtue of notice bearing Memo No. 1611 dated 24.12.2022 direction was given to the petitioner to appear before the office of District Land Acquisition, Bhagalpur and produce relevant documents so that necessary action for compensation would be taken but petitioner has not approached the concerned office.

5. Considering the facts and circumstances of the case and the arguments advanced on behalf of the parties, the present writ petition stands disposed of with direction to petitioner to produce all the relevant documents which has been

4/4 annexed with the present writ petition before the competent authority within a period of eight weeks from the date of receipt of this order. If the same is filed within the stipulated period, the concerned authority shall pass appropriate order after giving due opportunity of hearing to the grievance of the petitioner within a reasonable time without being prejudiced by the order passed by this Court.

(Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 01.08.2025.

Transmission Date N/A