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Patna High CourtCWJC/297/2016dismissed

Sachidanand Misra And ANR v. The State Of Bihar And ORS

2020-01-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.297 of 2016 ====================================================== 1.

Sachidanand Misra, son of Ramji Misra, resident of Village- Chakor (Khorampur), P.S.- Matihani, District- Begusarai. 2.

Ganesh Rai, son of Shankar Rai, resident of Village- Chakor (Khorampur), P.S.- Matihani, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate cum Collector, Begusarai. 3.

The District Land Acquisition Officer, Begusarai, Dist- Begusarai. 4.

Executive Engineer, Flood Control Division, Begusarai, Dist.- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Gp17- Binodji Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2020 Nobody appears on behalf of the petitioners. Learned counsel for the State is present.

The petitioners in this writ petition seek direction to the respondent Land Acquisition Authority to pay full compensation with 10% interest thereon for acquisition of the land for construction of protecting line for Gupta Lakhminia Dam in the light of Land Acquisition Case No.2 of 1991-92 at the instance of Flood Control Department.

The State-respondents filed counter affidavit. In para 4 of the counter affidavit, the respondents have stated that no part of the land of the petitioners was acquired nor the same is

Patna High Court CWJC No.297 of 2016(2) dt.22-01-2020 2/2 required to be acquired for construction of protection of Gupta Lakhminia Dam. It is further stated that all the proposals for acquisition of the land have been sent to the Special Land Acquisition Officer, Darbhanga as per direction of the Secretary, Water Resources Department, Bihar, Patna and accordingly, the Executive Engineer, Flood Control, Begusarai sent letter being letter no.1552, dated 12.11.2014 to District Land Acquisition Officer, Begusarai to return all the proposals and, therefore, no part of the land of the petitioners is required to be acquired. Considering the facts aforesaid, I do not find any merit in this writ petition and the same is dismissed. (Prabhat Kumar Jha, J) S.KUMAR/- U