Janki Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18778 of 2015 ====================================================== Janki Devi wife of Late Dasai Rai, Resident of Village and P.S.- Devariya, Dist- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector cum District Magistrate, Muzaffarpur. 3.

The District Land Acquisition Officer, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Respondent/s :

Mr. Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking direction to the respondent concern to pay compensation to the petitioner for acquisition of her land bearing Khata No. 911, Khesra No. 15231 (area 0.26 acres) and Khesra No. 15235 (area 0.15 acres) situated in village-Devariya, Anchal-Paru, DistrictMuzaffarpur.

3. Learned counsel for the petitioner submits that the land has been acquired in the year 2006 for Hazipur-Sugauli New Rail Line but till date compensation has not been paid.

4. Learned counsel for the State submits that from the pleadings and annexures of the writ petition particularly Annexure-6, it transpires that there was a dispute going on

Patna High Court CWJC No.18778 of 2015(2) dt.12-09-2023 2/2 between the petitioner and Kishuni Rai relating to title of the land in question, which is subject to acquisition and it has been finalized only in the year 2015 vide order dated 06.05.2015 passed in Title Suit No. 744 of 2011 by which the suit has closed by virtue of compromise.

5. Learned counsel for the State submits that after getting the compromise order, the petitioner has never approached before the District Land Acquisition Officer.

6. In this background, this writ petition is disposed off directing the petitioner to file her representation along with all the documents with regard to title of the land within four weeks along with the order passed by this Court and upon receiving the said order, the amount of compensation for the acquisition of the said land is directed to be paid by the District Land Acquisition Officer within eight weeks, if due to any reason he is unable to pay the compensation in that case he shall pass a reasoned and speaking order in this regard and thereafter remedy shall be opened for the petitioner to take further steps in accordance with law.

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