Hridaya Nand Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6927 of 2019 ====================================================== Hridaya Nand Tiwari, Son of Late Babu Ram Tiwari Resident of VillageTiwari Chhaper, P.O. Bhathwa Bazar, P.S. Kateya, Anchal Panchdewari, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate-cum- Collector, Gopalganj. 3.

The District Land Acquisition Officer, Gopalganj. 4.

The Sub- Divisional Officer, Hathua, District- Gopalganj. 5.

The Additional Land Acquisition Officer, Hathua, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad For the Respondent/s :

Mr. Subash Chandra Yadav (GP 15) Mr. Sangha Mitra Ghosh, AC to GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the parties.

It is the petitioner's grievance that the amount of compensation against acquisition of his land, descriptions of which have been given in the notices issued under Section 37 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act'), have not yet been paid.

It is the petitioner's case that he has been wrongly described as son of Late Indrashan Tiwary in one of the notices in relation to land ad-measuring 0.023 acre, appertaining to khata no. 105, khesra no. 464 (part).

Patna High Court CWJC No.6927 of 2019(2) dt.12-04-2019 2/2 The award was prepared in 2012 itself. Learned counsel for the petitioner has submitted that in May, 2012 itself, the petitioner was asked to appear before the Land Acquisition Officer, Gopalganj, to receive the amount, but because of the mistake in description of the father's name of the petitioner, the petitioner could not receive the amount of compensation at that point of time.

Be that as it may, in my view, in the facts and circumstances of the case, the petitioner has a remedy under Section 64 of the Act, which he can avail.

This application is disposed of with the aforesaid liberty to the petitioner.

It goes without saying that if the petitioner makes any application under Section 64 of the Act, disposal of the same shall be expedited.

(Chakradhari Sharan Singh, J) Ashish/- U