Prabhu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6874 of 2022 ====================================================== Prabhu Kumar Sah, Son of Shiv Nath Sah, Resident of Village-Mirhatti, P.S.- Sultanganj, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Land Acquisition Department, Govt. of Bihar, Patna.

3.

The Director, Land Acquisition and Rehabitation Department, Govt. of Bihar, 4.

The Divisional Commissioner, Bhagalpur.

5.

The District Magistrate/Collector, Bhagalpur, District-Bhagalpur. 6.

The Special Land Acquisition Officer, Bhagalpur, District-Bhagalpur. 7.

The District Land Acquisition Officer, Bhagalpur, District-Bhagalpur. 8.

The Anchaladhikari Sultanganj, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate Ms. Isha Mishra, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-03-2026 Heard the learned counsel for the parties.

2. The present writ application has been preferred for considering the applications filed by the petitioner on 27.01.2022 and 31.01.2022, before the District Land Acquisition Officer, Bhagalpur and the District Magistrate, Bhagalpur, respectively, for grant of compensation for the 0.1120 acres of land of the petitioner and further issue direction to the respondents to pay the compensation amount to the petitioner

Patna High Court CWJC No.6874 of 2022(3) dt.26-03-2026 2/3 along with the interest of 11% per annum till date and further give other legal consequential benefits to the petitioner.

3. Learned counsel for the petitioner submits that though the land of the petitioner which has been acquired is to the tune of 0.1120 acres, the notice which was issued under Section 37(2) of the Act contains the area of the land under acquisition to be 0.02 acres. It has further been submitted that the petitioner filed an application challenging the same before the District Land Acquisition Officer, Bhagalpur on 27.01.2022 and also made a representation before the District Collector, Bhagalpur on 31.01.2022, however, till date they have not decided the objections being raised by the petitioner.

4. Learned A.C. to SC-25, at the outset, submits that the matter may be disposed of with a direction to the respondent no. 7, District Land Acquisition Officer, Bhagalpur for consideration of such representation already made by the petitioner and for passing necessary order.

5. Considering the aforesaid submissions made by the parties, the present writ application is being disposed of with a direction to the respondent no. 7, District Land Acquisition Officer, Bhagalpur, to consider the application made by the petitioner way back on 27.01.2022, and on which till date no

Patna High Court CWJC No.6874 of 2022(3) dt.26-03-2026 3/3 order has been passed. The petitioner shall be at liberty to supplement his submissions, afresh, and a reasoned order be passed by the respondent no. 7, District Land Acquisition Officer, Bhagalpur, within a period of two months from the date of receipt/ production of a copy of this order.

6. Accordingly, the application stands disposed of with the aforesaid liberty to the petitioner. (Sourendra Pandey, J) khushbu/- U T