Arbind Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9761 of 2014 =========================================================== Arbind Kumar son of Late Balgovind Singh resident of village- Deo Bigha, Police Station- Vena, Parkhand, Rahui Post Office- Dosut, Via- Harnout, DistrictNalanda. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Officer, Nalanda at Bihar Sharif, Collectorate Building at Bihar Sharif, District- Nalanda.

2. The District Rural Development Abhikaran, Nalanda, Bihar Sharif, through the Deputy Development Commissioner, Nalanda, Collectorate Building at Bihar Sharif, District- Nalanda.

3. The District Programme Officer, Nalanda.

4. The Anchaladhikari, Anchal- Rahui, District- Nalanda.

5. The Parkhand Programme Officer, Parkhand- Rahui, District- Nalanda.

6. Mukhiya, Gram Panchayat Raj Vena- Dosut, Parkhand- Rahui, DistrictNalanda.

7. Panchayat Rojgar Sevak, Gram Panchayat Raj, Vena- Dosut, Parkhand- Rahui, District- Nalanda.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Raj Nandan Prasad Singh, Advocate.

Mr. R.G. Pandey, Advocate.

Mr. Amit Anand, Advocate.

For the State :

Mr. Ashok Kumar Pathak, Advocate.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 31-01-2017 Heard learned counsel for the parties.

Pursuant to order dated 19.01.2017, the respondents no. 4 and 5 are present in Court. They have filed their show cause in which apology has been tendered for not having explained the reasons for non-compliance of the order dated 13.12.2016. In view of the apology tendered, the Court does not propose to proceed against them in the matter any further. They are cautioned to be careful in future.

Patna High Court CWJC No.9761 of 2014 dt.31-01-2017 2/2 Coming to the merits of the case, the petitioner moved the Court for removal of an Alang over his private land and also for payment of compensation.

As per the counter affidavit filed, the Alang has been removed and the authority has also assessed the compensation to the tune of Rs. 7,200/- for which a cheque prepared in the name of the petitioner and has been produced in Court and also handed over to the learned counsel appearing for the petitioner. Learned counsel for the petitioner accepts the same without prejudice to his rights and contentions in future. However, he submitted that the amount is not adequate.

Be that as it may, the petitioner shall be at liberty to file an application before the respondent no. 4 with regard to enhancement of compensation paid to him. If such a representation is filed within three weeks from today, along with a copy of this order, the respondent no. 4, after giving opportunity of hearing to the petitioner, shall decide the matter within four weeks thereafter. If any further payment is to be made, the same shall also be paid to the petitioner within the next three weeks.

The writ petition stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) Prakash/- AFR/NAFR U