Satrughan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4593 of 2016 ====================================================== Satrughan Yadav Son of Late Chhedi Yadav, Resident of Village - Kamalpur, P.S. - Pirpaiti, District - Bhagalpur, at present resident of village Basi Shermari, P.S. - Pirpaiti, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Revenue and Land Reforms Department Bihar, patna through its Secretary.

3.

The Additional Secretary, Revenue and Land Reforms Department, Bihar, Patna.

4.

The Deputy Secretary, Revenue and Land Reforms Department, Bihar, Patna.

5.

The Collector, Bhagalpur, District - Bhagalpur. 6.

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

For the Petitioner/s :

Mr. Sushanta Kumar Das, Advocate Ms. Eesha, Advocate For the State :

Mr. Sarvesh Kumar Singh, AAG- 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2023 Heard learned counsel for the petitioner and the State.

2. This writ petition has been filed for directing the respondents to make payment of compensation for the acquired land according to the new Land Acquisition Act, 2013, which is applicable in case of acquired land of the petitioner. 3 . It is submitted by learned counsel for the petitioner that after receiving the notice, he has already filed an application on 5th December 2015 for fixing compensation, as

Patna High Court CWJC No.4593 of 2016(2) dt.22-11-2023 2/3 per new Land Acquisition Act, 2013 , before the respondent No. 5 (The Collector, Bhagalpur, District-Bhagalpur ) but the same has not been disposed of and is still pending for disposal. Accordingly, he requests for directing the concerned respondent to dispose of the application filed by the petitioner.

4. However, State respondents, by filing counter affidavit submits that with regard to the petitioner's land having Khata No. 569, Plot Nos 710 , 837, 847 & 849, Khata No. 556 Khesra NO. 1007, 999 Part, Area 11.101/2 Acres situated in Mouza- Harinkol Part-1, it is worth mentioning that for acquisition of the said land the proceeding was initiated by Way of L.A. Case No.25/10-11 under the provisions of Land Acquisition Act' 1894 which was enforced at that time and accordingly Award being No. 117 and for Rs.4,64,11,796.90/- as 80% was declared on 07.03.2013 and Award for Rs. 1,16,02,949.22/- as 20% was declared on 10.06.2013 after its sanctioning and thereafter Notice u/s 12 (2) of the Act was served upon petitioner for taking 80 per cent compensation amount.

5 . Considering the rival submissions of the parties and in view of the prayer made on behalf of the petitioner as well as the facts and circumstances of the case, the writ

Patna High Court CWJC No.4593 of 2016(2) dt.22-11-2023 3/3 application is disposed of with direction to the concerned respondent, i.e., respondent no. 5 (the Collector, Bhagalpur, District-Bhagalpur), to dispose of the application of the petitioner in accordance with law after hearing all the parties, preferably within a period of six months from the date of receipt of the representation.

6. The writ petition stands disposed of with the aforesaid direction.

(Prabhat Kumar Singh, J) Koushik/- U