Gayatree Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5141 of 2023 ====================================================== Gayatree Devi Wife of Ram Das Ray, Resident of Village- Isahakpur Tek, P.O. and P.S.- Mahnar, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

4.

The Collector, Vaishali at Hajipur, Bihar.

5.

The District Land Acquisition Officer, Vaishali at Hajipur. 6.

The Circle Officer, Bidupur, District- Vaishali. 7.

The Sub Registrar, Mahnar, Vaishali.

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

For the Petitioner/s :

Mr. Om Prakash Singh, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the respondents either to pass an appropriate land acquisition award for the share of the land of petitioner which has been acquired by the respondents or to release the share of the land of petitioner which is not required in the aforesaid Project and which has been locked/ restricted for registration since 2016 to till date.

Patna High Court CWJC No.5141 of 2023(2) dt.18-08-2023 2/3

3. Learned counsel for the petitioner submits that petitioner is one of the daughter of Mahendra Rai whose name has figured in the notice issued under Section 21(2) of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013) for the purpose of acquisition of land for the construction of State Highways, the said notice is annexed as Annexure-1 series. He submits that petitioner has filed representation before District Collector, Vaishali at Hajipur in this regard that she is entitled for 1/9 share of the total compensation which belongs to her father relating to Land Acquisition Case No.34 of 2016-17 but even after filing the representation nothing happened.

4. Learned counsel for the State submits that the petitioner ought to file representation before the District Land Acquisition Officer, Vaishali at Hajipur because he is the competent authority.

5. In response thereof, learned counsel for the petitioner submits that petitioner has filed representation before the Collector, Vaishali at Hajipur and the District Land Acquisition Officer, Vaishali at Hajipur both on 05.12.2022.

6. In this view of the matter, the petitioner is directed to file a fresh representation alongwith the copy of order passed

Patna High Court CWJC No.5141 of 2023(2) dt.18-08-2023 3/3 today before the District Land Acquisition Officer, Vaishali at Hajipur within four weeks from the date of passing of this order and the District Land Acquisition Officer, Vaishali at Hajipur is directed to take a decision on the fresh representation filed by the petitioner within eight weeks from the date of filing of representation before him.

7. With this direction and observation, the present Writ Petition stands disposed off.

(Dr. Anshuman, J.) Ritik/- U