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Patna High CourtCWJC/4500/2025disposed

Harihar Singh v. The State Of Bihar

2025-04-15Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4500 of 2025 ====================================================== Harihar Singh Son of Late Butan Singh Resident of Village-Samhuta, P.S.- Karghar District-Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate, Rohtas at Sasaram.

4.

The Competent Authority-Cum-District Land Acquisition Officer, Rohtas at Sasaram.

5.

The Project Director, Project Implementation Unit, NHAI, Sasaram, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Respondent/s :

Mr. Anant Prasad Singh, SC-15 Ms. Deepika Sharma, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned AC to SC-15 for the State.

2. Learned counsel for the petitioner submits that the instant writ application has been filed by the petitioner seeking compensation with regard to the acquisition of his land by the NHAI pertaining to Khata No. 107, Khesra No. 722, area 140 sq. meter at Mauza Moar. It is further submitted that the land was purchased by the petitioner in the year 2004 from Badri Narayan Singh and thereafter the land was mutated in the name of the petitioner. It is next submitted that after acquisition, a report was also called from the Amin and the Amin submitted a report with regard to the land recording that the same belongs to the petitioner

Patna High Court CWJC No.4500 of 2025(2) dt.15-04-2025 2/3 and compensation can be given to him. It is also submitted that respondent no. 4 determined the compensation of the land as Rs.2,76,797/- but the same till date has not been paid. It is submitted that the compensation amount has been recorded in the name of the vendor of the petitioner.

3. Learned counsel for the petitioner submits that the land in dispute was acquired in the year 2017 and the petitioner had purchased the land from Badri Narayan Singh in the year 2004 and thereafter got the same mutated, accordingly, Jamabandi No. 27 was created in his name. It is further submitted that even L.P.C. has been issued in the name of the petitioner but then these facts are not being taken into consideration by the authorities in giving compensation of the acquired land of the petitioner. It is next submitted that petitioner has been representing before the authority seeking compensation of his acquired land but then his representation has not been acted upon and lastly the petitioner on 03.07.2023 represented before the District Land Acquisition Officer, Sasaram seeking the compensation but then the representation of the petitioner till date has not been acted upon.

4. Learned counsel appearing on behalf of the State submits that it may be a possibility that the representation filed by the petitioner dated 03.07.2023 may not be found in the office of the District Land Acquisition Officer, Sasaram on which learned

Patna High Court CWJC No.4500 of 2025(2) dt.15-04-2025 3/3 counsel appearing on behalf of the petitioner submits that a fresh representation would be filed before the District Land Acquisition Officer, Rohtas at Sasaram on or before 30.04.2025 on which the learned State Counsel submits that the writ application can be disposed of with a liberty to the petitioner to file a fresh representation bringing on record all the relevant facts relating to the land for getting the lis adjudicated as raised in the instant writ application.

5. After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file a fresh representation before the District Land Acquisition Officer, Rohtas at Sasaram with all the relevant details and documents of the land under acquisition for seeking the relief as raised in the instant writ application, if any representation is filed by the petitioner on or before 30.04.2025, the District Land Acquisition Officer, Rohtas at Sasaram shall consider and dispose of the same after giving an opportunity of hearing to the petitioner with a period of two months thereafter.

(Satyavrat Verma, J) Kundan/- U