Anamika Kumari @ Anamika v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3601 of 2023 ====================================================== 1.
Anamika Kumari @ Anamika Daughter of Late Kashinath Prasad Singh @ Kashinath Singh and Wife of Vijay Kumar Singh Resident of Sahdeo Path, Patel Nagar, P.S. Shastri Nagar, District-Patna. 2.
Indu Devi Daughter of Late Kashinath Prasad Singh @ Kashinath Singh and Wife of Virendra Chaudhary Resident of Ward No.7, Dhamdaha, P.S. Dhamdaha, District-Purnea.
3.
Bindu Roy daughter of Late Kashinath Prasad Singh @ Kashinath Singh and Wife of Awadhesh Kumar Roy, Resident of Lane No.6, near Zenith Petrol Pump, Stpura, Ramdayalu, P.S. Kazi Mohammadpur, District-Muzaffarpur. 4.
Rekha Shahi Daughter of Late Kashinath Prasad Singh @ Kashinath Singh and Wife of Late Karunesh Kumar Shahi, Resident of New Police Line, Awas Nagar, Brahmpura, P.S.- Brahmpura, District-Muzaffarpur. 5.
Surekha Tiwari Daughter of Late Kashinath Prasad Singh @ Kashinath Singh and Wifeof Tewary Bijay Kumar Resident of Mohalla-Sipahi Tola, Madhubani, P.O. Madhubani, P.S.- Purnea, District- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Revenue and Land Reforms Departmnet, Government of Bihar, Patna.
3.
The District Magistrate-Cum-Collector, Muzaffarpur District-Muzaffarpur. 4.
The District Land Acquisition officer, Muzaffarpur District-Muzaffarpur. 5.
The Circle Officer, Paroo, District-Muzaffarpur. .....Respondent 1st Set 6.
Ramesh Prasad Son of Late Kashinath Prasad Singh @ Kashinath Singh Resident of Village-Jalil Nagar, P.O. Laloo Chapra, P.S. Paroo, DistrictMuzaffarpur, Presently residing at New A.G. Colony, Danapur, P.O. and P.S. Danapur, District-Patna.
7.
Umesh Prasad Son of Late Kashinath Prasad Singh @ Kashinath Singh Resident of Village-Jalil Nagar, P.O. Laloo Chapra, P.S. Paroo, DistrictMuzaffarpur, Presently residing at Navratan Hatta, Madhubani, P.O. Madhubani, P.S. Purnea, District-Purnea.
........ Respondent 2nd Set 8.
Janardan Prasad Singh Son of Late Vishwanath Prasad Resident of VillageJalil Nagar, P.O. Laloo Chapra, P.S. Paroo, District-Muzaffarpur, 9.
Madhusudan Prasad Singh Son of Late Vishwanath Prasad Singh Resident of Village-Jalil Nagar, P.O. Laloo Chapra, P.S. Paroo, District-Muzaffarpur. ............ Respondent 3rd Set ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Singh, Advocate For the Respondent/s :
Mr. Raj Kishore Roy, GP-18 ======================================================
Patna High Court CWJC No.3601 of 2023 dt.26-07-2023 2/3 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 26-07-2023 Learned counsel for the petitioners and learned counsel for the State are present.
2. The present writ petition has been filed for directing the respondent no.4 to make payment of compensation of the acquired land appertaining to Khata No. 70, Khesra No. 393, Khesra No. 470, Khata No. 106, Khersra No. 473 and Khata No. 77, Khesra Nos. 476, 477, 480, 521 situated in Mauza-Jalil Nagar, Thana No. 426, Anchal-Paroo, DistrictMuzaffarpur, which was in the name of late Bishwanath Singh, late Kashinath Singh and late Jagarnath Singh.
3. Learned counsel for the petitioners submits that petitioners are the daughters of late Kashinath Prasad Singh @ Kashinath Singh and they are entitled for the compensation. Counsel further submits that private respondent no.6 and 7, who are full brothers of petitioners, have suppressed this matter that they have sisters also. As such they could not receive the payment. Counsel also submits that after filing the objection by the petitioners, the payment of his father's land has stopped and full and final payment not made. Counsel also submits that the payment of respondent no. 8 and 9 have been made.
4. In this view of the matter, this writ petition is
Patna High Court CWJC No.3601 of 2023 dt.26-07-2023 3/3 disposed off directing the respondent authorities that when a joint letter shall come on behalf of the petitioners, respondent no.6 and 7 then in that case the payment shall be made to all as per their respective shares. The petitioners are directed to provide all the relevant documents before District Land Acquisition Officer, Muzaffarpur for the payment, if they shall provide all the documents for making payment then payment to all petitioners and respondent no. 6 and 7 shall be made simultaneously as per the respective shares within four months by District Land Acquisition Officer, Muzaffarpur, otherwise shall pass a speaking and reasoned order with regard to payment.
(Dr. Anshuman, J.) ravishankar/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 02.08.2023 Transmission Date N.A.