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Patna High CourtCWJC/13318/2019dismissed

Gazala Parween, v. The State Of Bihar

2019-07-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13318 of 2019 ====================================================== Gazala Parween, Wief of Md. Jawed Anwar, Resident of Mohalla- Nayatola, P.S.- Phulwarisharif, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

Principal Secretary, department of Land Acquisition, Govt. of Bihar, Patna. 3.

Collector, Patna.

4.

District Land Acquisition Officer, Patna.

5.

Circle Officer, Phulwarisharif, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ebrahim Kabir Ms.Shruti Sinha For the Respondent/s :

Mr.Birendra Pd. Singh AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-07-2019 Though the matter has been listed with certain office notes, pointing out defects, the same is being disposed of in the light of nature of pleadings available and the relief sought for in the present writ application.

The petitioner claims that her land, situated in Phulwarisharif has been acquired for construction of NH-30 and NH-85, against which the petitioner is entitled for compensation.

There is nothing on record to show whether the land has been acquired or not nor there is any statement that the respondents have taken possession over the land. It seems that the petitioner's prayer is premature. Question of payment of

Patna High Court CWJC No.13318 of 2019(3) dt.08-07-2019 2/2 compensation would arise only after the land is acquired by the respondents in accordance with law. There is nothing to show that possession of the petitioner is being disturbed by the respondents. Therefore, I am not inclined to interfere in the matter.

This application is dismissed.

The petitioner, however, will be at liberty to approach the concerned authorities if at any stage of time the land is acquired under any provisions of law.

(Chakradhari Sharan Singh, J) Pawan/- U