Patna High CourtL.P.A/2177/2016dismissed

Chandeshwar Prasad Singh v. The State Of Bihar And ORS

2018-01-09Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2177 of 2016 In Civil Writ Jurisdiction Case No.20719 of 2010 ====================================================== Chandeshwar Prasad Singh Son of late Ram Pavitar Narayan Singh Resident of Village Araji Sahbajpur. Po- Harauli. PS-Sadar Hajipur. Distt- Vaishali ... ... Appellant

Versus

1. The State of Bihar through the Chief Secretary. Govt. of Bihar. Patna

2. The Commissioner cum Secretary. Ravenue & Land Reform Deptt. Govt. of Bihar Patna

3. The Collector cum Ravenue officer. Vaishali

4. The Distt land Aquisition officer. Vaishali. Hajipur

5. Nand Kishore Singh Son of Gauri Shankar Singh resident of Vill- Ismailpur. PS- Sadar Hajipur. Distt- Vaishali ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Anil Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 09-01-2018 Heard counsel for the appellant and counsel for the State. The appeal has been preferred against the order dated 26.10.2016 passed by the learned single Judge who has dismissed the writ application of the appellant giving leeway to him that in case he succeeds in the civil Court in a pending partition suit or pending First Appeal and his right and title is declared over the piece and parcel of the land then he can still move before the Collector and claim compensation.

Patna High Court LPA No.2177 of 2016 dt.09-01-2018 2/2 From the narration of facts it is evident that the compensation for the acquired land has accrued in favour of respondent No.5 for the reason that the piece and parcel of land was sold by a registered sale deed in his favour and, therefore, he was the titleholder when the compensation was awarded and made over. The learned single Judge, therefore, has committed no infirmity in dismissing the writ application but giving a window of opportunity to the appellant to claim the compensation if his right, title and interest is declared by a competent civil Court. Appeal has otherwise no merit. It is dismissed. (Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- AFR/NAFR N.A.F.R.

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