Bhola Prasad Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9040 of 2016 ====================================================== 1.
Bhola Prasad Singh son of Late Harivansh Singh. 2.
Narendra Prasad Singh son of late Jai Ram Singh. 3.
Most. Chandrawati Devi wife of Late Jai Ram Singh. All belong to the village Baragaon, P.O. Baragaon, District Nalanda at Biharsharif. ... ... Petitioner/s
Versus
1.
The State of Bihar through its Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna 2.
The District Land Acquisition Officer cum Collector, District Collectariate, Nalanda at Biharsharif 3.
The Circle Officer, Circle Silao, District Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pallava Vijeta For the Respondent/s :
Mr. Aag2- Devendra Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2023 Heard learned counsel for the parties.
2. This writ application has been filed for directing the respondent authorities for payment of compensation to the petitioners against the lands of the petitioners which have been acquired by the government in connection with Land Acquisition Case No. 36/2012-13 at the rate which has been paid in Land Acquisition Case No. 11/2013-14 as in both the cases, the raiyati lands are situated adjacent to each other and are similar in nature.
3. By way of filing counter affidavit, learned counsel for respondent Nos. 2 and 3 submits that the delay in payment
Patna High Court CWJC No.9040 of 2016(4) dt.04-12-2023 2/3 of compensation amount against the acquired land was not caused on account of the negligent attitude of the answering respondents rather proper steps have been taken by them in this regard. Apart from that, the claim of the petitioners to obtain the compensation amount at par with petitioners of L.A. Case No. 11/2013-14 is not proper and justified in view of the fact that the rate chart was prepared by the competent authority taking the entire aspect of the matter and prescribed process into his consideration. Moreover, the remaining amount of compensation relating to L.A. Case No. 36/2012-13 has been deposited in Special Land Acquisition Judge, Biharsharif through Cheque No. 628237 vide Letter No. 895 dated 18.10.2014 as it is be apparent from Letter No. 837 dated 22.04.2016 issued by the Respondent No. 3.
4. Considering the facts and circumstances, this writ application is disposed of with direction to the petitioners to approach the office of Special Land Acquisition Judge, Biharsharif within a period of six weeks from today with all the documents in support of their claim.
5. It goes without saying that if petitioners have got any grievance against the amount of compensation, they have got alternate statutory remedy and they can take recourse before
Patna High Court CWJC No.9040 of 2016(4) dt.04-12-2023 3/3 the appropriate authority.
6. This writ petition stands disposed of with the aforesaid direction.
(Prabhat Kumar Singh, J) Navya/- U