Keshav Sharan Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14528 of 2014 ====================================================== Keshav Sharan Pandey S/o Late Radha Kant Pandey Resident of Village Malkauli pathkauli, Ward No. 3, P.O. Malkauli via Naraipur, P.S. Bagha, Anchal Bagha, District West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Administrator, Bihar Agriculture Produce Market under Repeal Act, 2006, Pant Bhawan, Bailey Roa 3.

Commissioner, Agriculture Produce cum Secretary, Agriculture Department, New Secretariat, Patna.

4.

The Collector, West Champaran, Bettiah.

5.

The Anchal Adhikari Bagh Anhal I Bagha, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. K.K. Tiway Mr.Ashok Kumar Sinha No.-2 For the Respondent/s :

Mr.Rishi Raj Sinha Mr. A.K. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-05-2019 The grievance of the petitioner in the instant case is construction of godown over the private land of the petitioner by the erstwhile Bihar Agriculture Produce Market Committee. Learned counsel submits that without any acquisition process or without payment of compensation, the Bihar Agriculture Produce Market Committee has constructed godown. The said Bihar Agriculture Produce Market Committee is now taken over by the State of Bihar by virtue enactment and the asset and liabilities of the erstwhile produce market has been taken over by the State.

Learned counsel submits that petitioner time and

Patna High Court CWJC No.14528 of 2014(2) dt.10-05-2019 2/2 again he approached the authorities for restoration of either possession or payment of compensation for use of private land of the petitioner but neither respondents have paid compensation nor possession of private land of the petitioner has been restored.

In the aforesaid circumstances, the writ petition is disposed of with direction to the District Magistrate to cause enquiry into the allegation of the petitioner that godown was constructed by the erstwhile market committee on the private land of the petitioner without acquisition of land and without payment of compensation and if the claim of thepetitioner is found true he shall ensure payment of compensation in terms of existing law for payment of compensation on acquisition of land.

Necessary decision in this regard must be taken by the District Magistrate, West Champaran within a maximum period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U