Usha Pandey @ Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5554 of 2024 ====================================================== Usha Pandey @ Usha Devi Wife of Manoj Kumar Pandey. Resident of Mohalla- Param Nagar, Ward No. 08, Near Kanaudiya Pump, Police StationSasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Rohtas at Sasaram.

3.

The District Land Acquisition Officer, Rohtas at Sasaram. 4.

The Additional Collector, Rohtas at Sasaram.

The Deputy Chief Project Manager, Dedicated Freight Corridor Corporation India Ltd., Dehri.

The Circle Officer, Sasaram, District- Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhanendra Chaubey For the Respondent/s :

Mr. Sunil Kumar Mandal SC-3 Mr. Bipin Kr. AC to SC-3 For NHAI :

Mr. Sriram Krishna Mr. Prabhat Kumar Singh Mr. Shashank Shekhar Kunwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2024

1. Heard learned counsel for the petitioner, learned AC to SC-3 and the learned counsel appearing on behalf of the NHAI.

2. The learned counsel appearing on behalf of the NHAI submits that it appears that the NHAI has been wrongly impleaded as party respondent in the instant case, as such, submits that NHAI be deleted from the arrays of respondents, on which the learned counsel appearing on behalf of the petitioner submits that NHAI shall be deleted from the array of respondents during the course of the day.

Patna High Court CWJC No.5554 of 2024(2) dt.09-12-2024 2/3

3. The learned counsel for the petitioner submits that land pertaining to Khata No. 160, Plot No. 216 and Plot No. 228 Thana No. 141, Halka No. 6, Mauza-Madani area 7 decimal and 44 decimal is purchased land of the petitioner. It is submitted that the land was purchased by the petitioner from Mirza Tazul Muluk Beg power of attorney holder from Bibi Tamjidun Nesa Begum wife of Mirza Gulam Zilani Beg vide Registered Sale Deed no. 5267 dated 21.05.2007.

4. The learned counsel for the petitioner next submits that the petitioner after purchasing the land got the same mutated in her name. It is further submitted that the dispute in the instant case is with respect to land pertaining to Khata No. 160 Plot No. 228, Thana No. 141, Halka No. 6 Mauza- Madani Area 44 decimal which has been acquired for constructing Rail Over Bridge (ROB). It is submitted that the land of the petitioner was acquired in the year 2017. It is further submitted that till date petitioner has not been given the compensation of the land in question, as such, the petitioner had filed a detailed representation before the District Magistrate, Rohtas at Sasaram on 27.08.2022 seeking compensation with respect to her acquired land (Annexure-10), but the District Magistrate, Rohtas till date is sitting over her representation.

Patna High Court CWJC No.5554 of 2024(2) dt.09-12-2024 3/3

5. The learned counsel appearing on behalf of the State submits that it may be a possibility that since the representation was filed in the office of the Collector, Sasaram, as such, the representation might not have reached the Collector, hence, the petitioner be directed to file a fresh representation before the District Magistrate, Rohtas at Sasaram for the relief claimed for in the instant writ application.

6. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the petitioner to file a detailed representation annexing all the relevant documents for seeking compensation of her purchased land which she alleges has been acquired for constructing Rail Over Bridge (ROB).

7. In the event if the petitioner files an application seeking compensation within a period of six weeks from today, the District Magistrate, Rohtas at Sasaram shall dispose of the representation of the petitioner in accordance with law within a period of three months thereafter.

8. The writ application is disposed of.

(Satyavrat Verma, J) Rishabh/- U