Ranjeet Kumar Sahani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17343 of 2015 ====================================================== Ranjeet Kumar Sahani S/o Sri Ram Narayan Sahani, Resident of VillageNehra, P.O.- Nehra, P.S.- Manigachhi, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Water Resources Department, Government of Bihar, Patna. 3.

The Director, Water Resources Department, Bihar, Patna. 4.

The Collector, Darbhanga.

5.

The Additional Collector, Land Acquisition, Darbhanga. 6.

The Executive Engineer, West Koshi Nahar Pramandal, Baheri, Darbhanga. 7.

The Circle Officer, Manigachhi, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Advocate For the Respondent/s :

Mr. Gp32-Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and the State.

2. This writ petition has been filed for seeking issuance of writ of mandamus to pay the amount of compensation payable to this petitioner for acquiring the land, bearing plot no.-3741, new plot no.-1356 Thana no. 10 sheet no.-2 under Mauza Lehra Circle Manigachhi, DistrictDarbhanga, acquired for the construction of canal without any issuance of notice to the petitioner.

3 . By filing a counter affidavit, it is submitted on behalf of the state that the land of the petitioner has been

Patna High Court CWJC No.17343 of 2015(4) dt.04-12-2023 2/3 acquired via land acquisition case no. 61/1986-87, and the notice under Section 04 of the Act was published on 29.09.1986 by the then Land Acquisition Officer Darbhanga, fixing a date of 13.11.1986 for hearing objections (if any) in the name of the awardee, who is the grandfather of the petitioner, and the same was received on 28.08.1986 on his behalf. Again, a notice under Section 9 of the Act dated July 10, 1987, was issued by the thenLand Acquisition Officer Darbhanga in the name of the awardee, and the same was received on his behalf by one Buchan Sahani, fixing a date of August 1, 1987, for a hearing on objections, but no one turned up to receive the award on behalf of the petitioner.

It is further submitted that the camp was organized to disburse the amount of the award, but the petitioner or awardee did not appear with the relevant papers to receive the amount of the award till date, either in the camp or in the office of the Special Land Acquisition Officer, Darbhanga. He next submits that, till date, no one has turned up to receive the compensation amount, and the said amount was deposited in the head of RD 8443.

3 . Taking into consideration the aforesaid facts of the case , this writ petition is disposed of with liberty to the petitioner to file representation before competent authority

Patna High Court CWJC No.17343 of 2015(4) dt.04-12-2023 3/3 along with all the relevant documents in support of the claim, within a period of six weeks from the date of receipt of this order.

4. In the event, such representation is filed before competent authority, the same shall be to dispose of in accordance with law after hearing all the parties preferably within a further period of six months from the date of receipt/ filing of the representation .

(Prabhat Kumar Singh, J) Koushik/- U