Sant Kumar Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5564 of 2020 ====================================================== Sant Kumar Kunwar Son of Hiya Bharan Kunwar, Resident of VillageBankati, Police Station- Baikunthpur, District- Gopalganj, Bihar. ... ... Petitioner

Versus

1.

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

The District Magistrate, Gopalganj, Bihar.

3.

The Sub-Divisional Officer, Gopalganj, Bihar. 4.

The District Land Acquisition Officer, Gopalganj, Bihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Prashant Kumar, Advocate For the State :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 22-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

2. The following reliefs as formulated by the petitioner have been claimed in the writ petition - "(i) For issuance of appropriate writ, order or direction in the nature of Mandamus commanding the respondent authorities to comply with the order dated 27.05.2019 passed by the Ld. Land Acquisition Rehabilitation and Resettlement Authority, Saran, Chapra in L.A.R. No. 133/2018 by refunding the tax earlier deducted from the petitioner amounting to Rs. 4,99,020/- along with interest at the rate of 15% (Annexure1). (ii) For grant of such other order or direction for which the petitioner is found entitled to in the facts and circumstances of the case."

3. Learned counsel for the petitioner makes a short submission to the effect that by order dated 27.05.2019 passed in

Patna High Court CWJC No.5564 of 2020 dt.22-11-2021 2/2 L.A.R. No. 133 of 2018 (Annexure-1), Land Acquisition Rehabilitation and Resettlement Authority directed the District Magistrate, Gopalganj and the District Land Acquisition Officer, Gopalganj to make payment of Rs. 2,95,278/- which had been deducted by way of income tax out of the compensation amount payable to the petitioner, together with Rs. 2,03,742/- towards up-to-date interest as on that date. Any delay in payment beyond one month would attract interest @ 15% upto the date of payment. It is submitted that thereafter representations have been made before the said authorities (Annexure-2 series) but to no avail.

4. Learned counsel for the State appears and has been heard.

5. Having regard to the nature of grievance of the petitioner, the writ petition is disposed of with a direction to the District Magistrate, Gopalganj (respondent no. 2) to consider and dispose of the petitioner's representation dated 06.01.2020, if still pending, after grant of opportunity of hearing to the petitioner in accordance with law, expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 25.11.2021 Transmission Date N.A.