Ajay Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6693 of 2023 ====================================================== 1.

Ajay Kumar Pandey S/O- Bhuwaneshwar Nath Pandey R/O- VillMusafirganj, Buxar, P.S.- Buxar, District- Buxar. 2.

Bimla Pandey W/O Ajay Kumar Pandey R/O- Vill- Musafirganj, Buxar, P.S.- Buxar, District- Buxar.

3.

Ashok Kumar Pandey S/O- Bhuwaneshar Nath Pandey R/O- VillMusafirganj, Buxar, P.S.- Buxar, District- Buxar. 4.

Sudha Pandey W/O Ashok Kumar Pandey R/O- Vill- Musafirganj, Buxar, P.S.- Buxar, District- Buxar.

... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum-District Magistrate Buxar.

3.

The District Land Acquisition Officer Buxar.

4.

The Sub-Divisional Officer, Buxar.

5.

The Circle Officer, Chausa, Buxar.

6.

The Chairman and Managing Director SJVN Thermal Power Plant (SJVN Limited) Chausa, Buxar(Bihar).

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam, AAG- 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. Counsel for the petitioners submits that the petitioners are the purchaser of the land, which is situated at Mauza- Bahadurpur, Revenue P.S. No.300, bearing Khata No.80, Khasra No.27 and 28 and has area about 13.021 Decimal of district the Buxar.

3. Counsel for the petitioners submits that petitioners purchased this land by virtue of registered sale deeds dated 29.03.2014 (Annexure-1 series). He submits that after

Patna High Court CWJC No. 6693 of 2023(2) dt.12-09-2023 2/3 purchasing the land the name of the petitioners mutated in the records of rights (Annexure-2 series). Counsel submits that the said land was purchased from them in the year 2014 but the respondents issued notifications, which were published in the year 2021 and 2022 but instead of figuring the name of the petitioners, the name of their vendors or their relatives were figured and in this regard, petitioners filed an objection to the District Land Acquisition Officer, Buxar (Annexure-4). Counsel submits that but on their objection no decision has been taken till date.

4. Counsel for the State submits that for grievances of the petitioners ought to move before the District Land Acquisition, Rehabilitation, and Resettlement Authority (L.A.R.R.A.).

5. In this view of the matter, it transpires to this Court that the petitioners have rightly filed the representation before the District Land Acquisition Officer, Buxar for ratification in the notification of the year 2021. But instead of taking decision on the representation the District Land Acquisition Officer, Buxar set over the matter.

6. In this background, the District Land Acquisition Officer, Buxar i.e. respondent no.3 is directed to take a final

Patna High Court CWJC No. 6693 of 2023(2) dt.12-09-2023 3/3 decision on the representation filed by the petitioners dated 23.01.2023, considering all the points which have been mentioned in the present writ petition and if necessary, the District Land Acquisition Officer, Buxar may make correction in the award by inserting the name of the petitioner. The said order shall be passed after hearing both the parties, whose names have already been published, as well as, to the petitioners who have filed objection, within 8 weeks from the date of appearance of both the concerned parties before him.

7. With the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U