Shiv Mangal Rai v. The State Of Bihar And ORS

Patna High Court CWJC No.21422 of 2014 dt.02-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21422 of 2014 =========================================================== Shiv Mangal Rai S/o Late Munri Lal Rai R/o Village Laxminagar, P.O. Mehsal, P.S. Sitamarhi, District Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The G.M., East Central Railway, Hazipur at Vaishali.

3. The Zonal Manager East Central Railway, Muzaffarpur.

4. The District Magistrate, Sitamarhi.

5. The Land Acquisitions Officer, Sitamarhi.

6. The Circle Officer, Sadar, Sitamarhi.

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

For the Petitioner : Mr. Manoj Kumar Sinha, Advocate For the State : Mr. Prabhu Narayan Sharma, AC to AG For the Railways : Mr. Ahok Kumar Keshri, SC Railway Mr. Sanjay Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 02-11-2017 The present writ petition has been filed for the following reliefs : (i) For a direction to the respondents to make payment of compensation of his acquired land as per the market rate.

(ii) For a direction to the respondents to release the land if not acquired on which the petitioner is cultivating till date.

(iii) For a direction to make payment of interest on the compensation amount if acquired by the Government. (iv) For a direction to grant any other relief/reliefs to which the petitioner is legally entitled.

Patna High Court CWJC No.21422 of 2014 dt.02-11-2017

2. From the prayer itself, it is obvious that the petitioner's stand is not clear whether the land has acquired or not and in this regard the foundational facts have not clearly been stated in the writ petition.

3. In the above view of the matter, this Court is not inclined to interfere in the matter. The writ petition is dismissed with liberty to the petitioner to approach this Court afresh with a duly constituted writ petition with proper pleadings and specific nature of relief sought, if so advised.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.11.2017 Transmission Date N.A.