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Patna High CourtCWJC/4559/2022disposed

Ramjee Singh, v. The State Of Bihar,

2023-10-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4559 of 2022 ====================================================== 1.

Ramjee Singh, Son of Late Paras Nath Singh, Resident of Village - Jasoiya, P.O. and P.S. and District - Aurangabad (Bihar). 2.

Gorakh Nath Singh, S/o Late Anirudh Singh, Resident of Village - Jasoiya, P.O. and P.S. and District - Aurangabad (Bihar). 3.

Binavati Devi, W/o Late Tribhuwan Nath Singh @ Tribhuvan Singh, Resident of Village - Jasoiya, P.O. and P.S. and District - Aurangabad (Bihar).

4.

Gaurishankar Singh, S/o Late Tribhuvan Nath Singh @ Tribhuvan Singh, Resident of Village - Jasoiya, P.O. and P.S. and District - Aurangabad (Bihar).

5.

Uma Shankar Singh, S/o Late Tribhuvan Nath Singh @ Tribhuvan Singh, Resident of Village - Jasoiya, P.O. and P.S. and District - Aurangabad (Bihar).

6.

Prem Shankar, S/o Late Tribhuvan Nath Singh @ Tribhuvan Singh, Resident of Village - Jasoiya, P.O. and P.S. and District - Aurangabad (Bihar). 7.

Jai Shankar Kumar, S/o Late Tribhuvan Nath Singh @ Tribhuvan Singh, Resident of Village - Jasoiya, P.O. and P.S. and District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar, Bihar, Patna.

2.

The Managing Director, The Bihar Industrial Area Development Authority (BIADA) Udyog Bhwan East of Gandhi Maidan, Patna (Bihar). 3.

The Land Acquisition Director, Patna (Bihar) 4.

The Collector, Aurangabad (Bihar).

5.

The District Land Acquisition Officer, Aurangabad (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Respondent/s :

Mr.Md. Khurshid Alam ( AAG 12 ) Mr. ArunKumar, AC to AAG 12 For the BIADA :

Mr. Prashant Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-10-2023 Heard the learned counsel for the parties.

2. This writ petition has been filed for issuance of direction to the respondents to pay the entire decreetal amount to the petitioners with all interest as per award dated 23.01.2012

Patna High Court CWJC No.4559 of 2022(6) dt.13-10-2023 2/2 prepared on the basis of judgment dated 23.12.2011 passed in L.A. Case No. 25/90 by learned Sub-Judge-1, Aurangabad.

3. By filing supplementary affidavit on behalf of the respondent no. 5, namely, District Land Acquisition Officer, Aurangabad, it is submitted that in order to ensure compliance of the Hon'ble Court's order in letter and spirit, the interest so defined by the learned Sub-Judge-I, Aurangabad has been arithmetically calculated. The total remaining amount of interest @ 15% per-annum upto 10.11.2022 has incurred to the tune of Rs. 37, 46, 805/- (Rs. Thirty seven lacs forty six thousand eight hundred and five only) and the same has already been paid to the learned Sub-Judge-I, Aurangabad where Execution Case No. 03/2020 is pending.

4. If the petitioners have any grievance, they are at liberty to raise the issue before the Court below where the Execution Case No. 03/2022 is pending.

5. With the aforesaid observation and direction, this application is disposed of.

(Prabhat Kumar Singh, J) Shishir/- U