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Patna High CourtCWJC/12051/2021disposed

Laxmi Prasad Yadav v. The State Of Bihar

2023-10-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12051 of 2021 ====================================================== 1.

Laxmi Prasad Yadav Son of Late Harihar Prasad Yadav Resident of VillageMayurba, P.O.- Kushha, P.S.- Triveniganj, District- Supaul. 2.

Ramchandra Yadav Son of Late Harihar Prasad Yadav Resident of VillageMayurba, P.O.- Kushha, P.S.- Triveniganj, District- Supaul. 3.

Nand Kishore Yadav Son of Badri Prasad Yadav Resident of VillageMayurba, P.O.- Kushha, P.S.- Triveniganj, District- Supaul. 4.

Md. Yasin @ Md. Aasin Son of Late Mehdi Hasan @ Mehdi Miya Resident of Village- Machha, P.O.- Kushha, P.S.- Triveniganj, District- Supaul. 5.

Arvind Yadav Son of Vijendra Yadav Resident of Village- Majurua, P.O.- Kushha, P.S.- Triveniganj, District- Supaul.

6.

Gopal Yadav Son of Late Siya Ram Yadav Resident of Village- Majuha, P.O.- Kushha, P.S.- Triveniganj, District- Supaul. 7.

Gajendra Yadav Son of Late Basudeo Yadav Resident of Village- Majurua, P.O.- Kushha, P.S.- Triveniganj, District- Supaul. ... ... Petitioners

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Revenue (Acquisition), Government of Bihar.

2.

The District Magistrate, Supaul.

3.

The District Land Acquisition Officers, Supaul. 4.

The Union of India through the Ministry of Railway, Government of India, New Delhi.

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2023 Heard learned counsel for the petitioners and the State.

2.Writ petition has been filed for directing the respondents to pay the petitioners compensation at the market rate with valuation of lands vide Land Acquisition Case No.26 and 27 of 2020 under Kushaha Chadar No.1 by District Land

Patna High Court CWJC No.12051 of 2021(3) dt.03-10-2023 2/2 Acquisition Officer, Supaul ( respondent no.3) for Supaul Araria New Rail Line Project.

3. In paragraph 11 of the counter affidavit, learned counsel for the State submits that the petitioners are entitled to get adequate compensation in accordance with the law and the concerned authorities are also ready to do so, provided they produce documents with respect to their right and title over the land in question.

4. In the facts and circumstances of the case, writ petition is disposed of with a direction to the petitioners to file a representation before the District Magistrate, Supaul (respondent no.2) along with all the relevant documents in support of the claim, within a period of six weeks from the date of receipt of this order.

5. In the event, such representation is filed by the petitioners, respondent no. 2 shall examine the claim of the petitioners and pass a reasoned and speaking order in accordance with law within a further period of three months. (Prabhat Kumar Singh, J) Shashi U T