Hari Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1787 of 2015 ====================================================== Hari Shankar Singh Son of Late Mathura Singh resident of village Siswar, P.O. Musepur, P.S. Khijarsarai, Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Gaya

2. Bihar Bridge Construction Corporation Limited, Patna through its Managing Director

3. Managing Director, Bihar Bridge Construction Corporation Limited, Patna

4. Senior Project Officer, Bridge Construction Corporation Limited, Gaya

5. Land Acquisition Officer, Gaya

6. Suresh Hingla son of not known to the petitioner, Contractor, Hagha River Bridge, Construction Ltd. Manpur, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Respondent/s : Mr. GP-25- Mani Kant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-02-2015 Heard Mr. Srinandan Pd. Singh learned counsel for the petitioner and Mr. Rajesh Kumar Sinha A.C. to G.P.25 for the State.

Considering the grievance raised in this application and submissions made in support thereof this Court with the consent of the parties, disposes of this writ application at this stage.

On the strength of the judgment and decree passed in T.S. No. 93/66/830/63 (Md. Hakim vs. State of Bihar & Ors.) the petitioner claims right, title and interest in old plot no.4334, new survey plot no. 390 measuring an area of 02 kathas situated in

Patna High Court CWJC No.1787 of 2015 (3) dt.03-02-2015 2 / 3 Mohalla Kirani Ghat Old Alamgirpur, P.S. Kotwali in the district of Gaya.

The contention of the petitioner is that the aforesaid land has already been acquired for construction of a bridge undertaken by the Bihar Bridge Construction Corporation Ltd. Gaya (respondent no.4) without payment of compensation thereof. An application in this regard has been preferred by the petitioner before the respondent Bihar Land Acquisition Officer, Gaya (Annexure-4) which has remained undisposed of. It has been urged that the writ petition be disposed of by directing the respondent District Land Acquisition Officer to consider the said representation of the petitioner and pass appropriate/reasoned order thereon in accordance with law.

Having considered the said submissions this Court disposes of the writ application by directing the petitioner to file a fresh copy of the application (Annexure-4) along with a copy of the present order before the respondent District Land Acquisition Officer enabling him to consider and take appropriate steps/decision thereon in accordance with law. If a fresh application with the copy of the present order is filed within four weeks this Court would expect that the respondent District Land Acquisition Officer will consider and dispose of the same in

Patna High Court CWJC No.1787 of 2015 (3) dt.03-02-2015 3 / 3 accordance with law as quickly as possible preferably within three months from the date of such filing/presentation. Before parting with the case, it is clarified that this Court has not gone into the merit of the claim of the petitioner. It is for the concerned respondent to examine the grievance of the petitioner in accordance with law.

(Kishore Kumar Mandal, J) HR/- U