Syed Faizur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6585 of 2020 ====================================================== Syed Faizur Rahman, Son of Syed Hifzur Rahman, resident of 0159, Phulwaria Ward 01, West Tola, P.O. and P.S.- Phulwaria, District- Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar through District Magistrate Begusarai. 2.

SDM Teghra Begusarai.

3.

Officer District Grievance Redressal Cell, Begusarai. 4.

BDO Teghra, Begusarai.

5.

C.O. Teghra, Begusarai.

6.

D.M. cum Collector, Begusarai.

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

For the Petitioner/s :

Mrs.Archana Sinha @ Archana Shahi, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 29-11-2021 As prayed, learned counsel for the petitioner is permitted to implead the District Magistrate-cum-Collector, Begusarai as a party respondent no.6 during course of the day.

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. The following reliefs as formulated by the petitioner have been claimed in the writ petition- "(i) For directing the respondents to pay compensation for the acquired land of the petitioner on which the

Patna High Court CWJC No.6585 of 2020 dt.29-11-2021 2/3 road was constructed without acquiring the same from the owner of the land.

(ii) For directing the respondents to pay compensation as per the nature of the land with interest.

(iii) For directing the respondents to pay compensation from the date of construction of road with an interest or to remove the construction from the private land of the petitioner.

(iv) For any other relief/reliefs may be granted to the petitioner for which he is found to be entitled for".

4. Learned counsel for the petitioner submits that the respondents have taken over the land of the petitioner without the process of acquisition and without payment of compensation. Several representations have been filed for payment of compensation, but to no avail.

5. Learned counsel for the State is present and has been heard.

6. Having regard to the nature of grievance of the petitioner, the writ petition is disposed of, granting liberty to the petitioner to file a fresh representation before the District Magistrate-cum-Collector, Begusarai (respondent no.6) for redressal of his grievances within a period of three weeks from today. If any such representation is filed within the aforesaid period, the same shall be considered and disposed of on its own merits in accordance with law and after grant of an opportunity

Patna High Court CWJC No.6585 of 2020 dt.29-11-2021 3/3 of hearing to the petitioner, expeditiously and in any event preferably within a period of eight weeks thereafter. (Vikash Jain, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 03.12.2021 Transmission Date N.A.