Lakshmi Narayan Bhagwan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10352 of 2016 ====================================================== Lakshmi Narayan Bhagwan Chela Hariprapann Ramanuj Das of Village Sikraul, P.S.- Rajpur, District- Buxar.

... ... Petitioner/s

Versus

1.

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

The District Collector, Buxar.

3.

The District Land Acquisition Officer, Buxar. 4.

The Circle Officer, Chausa.

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

For the Petitioner/s :

Mr. Ambuj Nayan Chaubey, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, AAG-13 Mr. Rajat Kumar Tiwary, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2024 Learned counsel for the petitioner submits that to his knowledge, the petitioner is no more but he his not confirmed.

2. The present writ petition has been preferred for the grant of following relief/s:- "i. For issuance of an appropriate writ/order/direction including writ in the nature of mandamus directing the Respondent Land Acquisition Officer, Buxar to pay the statutory compensation amount, as Awarded, to the petitioner along with interest for the period of delay after drawing of award in accordance with the statutory provision as contained in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as "The

Patna High Court CWJC No.10352 of 2016(2) dt.13-05-2024 2/3 Act 30 of 2013") to compensate for his lands acquired by respondent authorities for Buxar Thermal Power Project;

ii. For grant of such other relief/reliefs as the petitioners may be found entitled to I the facts and circumstances of the instant case."

3. Learned State counsel points out that the petitioner wants statutory amount due to the delay in passing of the award.

4. The counter affidavit of the District Land Acquisition Officer, Buxar is on record and learned State counsel has taken this Court to paragraphs 4, 6 and 7, which read as follows:- "4. That it is humbly submitted and stated that vide letter dated 26.07.2013 the co-villagers of Sikroul (Chousa) have objected the payment of said compensation of Lakshmi Narayan Thakurbari, Sikroul (Chousa) to said Shebait on the ground that this Thakurbari is being governed Bihar State Board of by Religious Trust.

6. That in mean the time the Superintendent, Bihar State Board of Religious Trust informed vide letter no.

Patna High Court CWJC No.10352 of 2016(2) dt.13-05-2024 3/3 1306, dated 24.07.2015 that vide letter no.

6345, dated 28.03.1989 it has been decided that the CO, Buxar will be the Trustee of this Thakurbari and the payment should not be made to any person without consent of the Trust.

7. That the Land Acquisition Officer, Buxa vide letter no. 365, dated 11.08.2015 requested to Superintendent, Bihar State Board of Religious Trust to produce relevant aspect/documents in favour of Trust."

5. There is no rejoinder to the said counter-affidavit.

6. Learned counsel for the petitioner submits that in the aforesaid background, the matter can be disposed of and if the petitioner is alive, he may take appropriate steps in accordance with law.

7. The present writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U