Krishnadeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8142 of 2021 ====================================================== Krishnadeo yadav Son of Jamuna Rai Resident of village- Bhetgaon, Police Station- Barh, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, patna 2.

The Sub Divisional Officer, Barh, District- Patna 3.

The District Land Acquisition Officer, Patna 4.

The Circle Officer, Barh, District- patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Respondent/s :

Mr. AG ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-10-2023

1. This writ application has been filed for following reliefs:- (i) For issuance of writ in the nature of mandamus commanding and directing the respondent District Land Acquisition Officer to pay compensation to the petitioner against the Land Acquisition Case No. 12/2014-15 whereby the land measuring an area 0.07808 Acre was acquired for widening of NH-31 (Bakhtiyarpur- Khagaria Main Line) but despite of no objection filed by the party, till date payment has not been made. (ii) For further direction to the respondent authorities to hold an enquiry with regard to the illegal action of the respondent authorities who despite of repeated representation

Patna High Court CWJC No.8142 of 2021(4) dt.31-10-2023 2/3 showing document of possession, title/no objection certificate from the co-sharer neither payment has been made nor a final order has been given to the petitioner.

(iii) For further direction to the respondent authorities to dispose of the representation filed by the petitioner with a reasoned and speaking order within time framed.

2. It is submitted on behalf of the petitioner that counter affidavit has been filed on behalf of the respondent nos. 1 to 3 and in paragraph 6 of the said counter affidavit it is stated that the petitioner has not submitted the complete document before the office of the District Land Acquisition Officer, Patna for the payments of his compensation amount with regard to the land having area of 0.07808 acre acquired for the said project in Plot No. 1472.

3. In view of the statement made in paragraph 6 of the counter affidavit filed on behalf of the respondent nos. 1 to 3, learned counsel for the petitioner seeks permission to withdraw this application with liberty to move before the District Land Acquisition Officer, Patna (respondent no. 3) for the payments of his compensation amount.

4. In the aforesaid facts and circumstances of the case, this application is disposed of with a direction to the

Patna High Court CWJC No.8142 of 2021(4) dt.31-10-2023 3/3 petitioner to file a representation before the District Land Acquisition Officer, Patna (respondent no. 3) with complete document within a period of six weeks from today.

5. In the event, if such representation is filed by the petitioner, the District Land Acquisition Officer, Patna (respondent no. 3) shall examine the claim of the petitioner and dispose of the representation filed by the petitioner in accordance with law after hearing the parties preferably within a period of six months from the date of receipt/production of a copy of this order.

6. Accordingly, this application stands disposed of. (Prabhat Kumar Singh, J) Shishir/- U T