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Patna High CourtCWJC/7061/2019disposed

Shyam Mandal v. The State Of Bihar

2019-04-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7061 of 2019 ====================================================== Shyam Mandal Son of Late Satyadeo Mandal R/o Village and P.O.- Chanouraganj, P.S.-Jhanjharpur, District-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Madhubani 2.

The District Land Acquisition Officer Madhubani 3.

The Project Director N.H.A-1, Madhubani, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Narayan Mahto For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 Mr. Birendra Prasad Singh, AC to SC-19 For NHAI :

Mr. S.N. Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the parties concerned. The petitioner has a grievance that certain area of land, which belonged to his father, was acquired for widening of N.H.-57, in the year 2008 itself. Notice was also issued in 2008 requiring the petitioner to receive a sum of Rs. 5,14,631/- as compensation, but the same has remained unpaid. The Court fails to understand the circumstance in which this writ application has been filed 11 years after the said land was acquired. The petitioner appears to have approached the District Land Acquisition Officer, Madhubani, raising his claim in December, 2018.

In my view, the pleadings are inadequate for granting

Patna High Court CWJC No.7061 of 2019(2) dt.15-04-2019 2/2 any relief in favour of the petitioner. The petitioner has not mentioned in the writ application as to when the land was in fact acquired.

Let the District Land Acquisition Officer, Madhubani, make an enquiry whether the amount was paid to the petitioner or not. If it is found that the petitioner was entitled to receive the amount, but for certain reason the same was not paid to him, the District Land Acquisition Officer, Madhubani, shall proceed accordingly in accordance with law.

This application is disposed of.

(Chakradhari Sharan Singh, J.) ragini/- U √