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Patna High CourtCWJC/9104/2016dfd for non appearance

Putul Kunwar And ORS v. The State Of Bihar And ORS

2024-02-13Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9104 of 2016 ====================================================== 1.

Putul Kunwar and Ors W/o Late Chandra Sekhar Singh 2.

Anirudh Kumar S/o Sri Sidheshwar Singh 3.

Sidheshwar Singh S/o Ramagya Singh All R/o Village - Bihta, P.S. Bihta, District - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue cum Land Reforms Department Land Acquisition Director, Govt. of B 3.

The District Magistrate, Patna.

4.

The District Land Acquisition Officer, Patna. 5.

The Circle Officer, Bihta, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Ravindra Kr.Priyadarshi, SC-32 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-02-2024 No one appears on call although Mrs. Archana Meenakshi, learned G.P.-6 is present.

2. The present writ petition has been preferred for following relief:

"(i) To direct the Respondents to pay the total compensation amount alongwith market interest for the land acquisition for constructing the industrial park over the petitioners land forth with.

(ii) To direct the respondents to follow the

Patna High Court CWJC No.9104 of 2016(2) dt.13-02-2024 2/3 provision/law laid down in the Land Acquisition Act or Proclamations given by this Hon'ble Court or by the Apex Court in the matter of land acquisition and its compensation.

(iii) For directing the respondents not to construct the Industrial Park or to use the land of the petitioners for its approach till its compensation being paid to the petitioners.

(iv) For any other relief/reliefs for which the petitioners may be found entitled in the eye of law."

3. Learned State counsel has taken this Court to paragraphs 8 and 9 to the counter-affidavit filed on behalf of the respondent No. 3 and 4 which read as follows: "8. That the award for the said project has been declared on 01.03.2013 Accordingly, the compensation amount of Rs. 1417165/- for plot no. 1 area 0.69 decimal to Sidheswar Singh the petitioner no. 3 on 30.06.2016 and the compensation amount of Rs. 229889/-+160345/-= 390234/- has been

Patna High Court CWJC No.9104 of 2016(2) dt.13-02-2024 3/3 paid to Smt. Khatrani Devi w/e Sidheshwar Singh on 23.02.2016 & 09.06.2016.

9. That the compensation amount for the land of Khata No. 303, plot no. 01 area 69 decimal and Khata No. 68, piot no. 02 area 0.19 decimal has already been paid and as such, the grievance of the petitioner stand redressed."

4. This counter-affidavit was filed in the year 2016 and there is no rejoinder rebutting the claim. This Court is convinced that the grievance of the petitioner has been redressed.

5. However, since no one has appeared, accordingly the case is dismissed for non prosecution.

(Rajiv Roy, J) Adnan/- U