Saimuddin Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2205 of 2016 ====================================================== Saimuddin Ansari S/o Late Hamid Mia R/o Village - Laxmipur, Post - Koriyahar, P.S. - Raxaul, District - East Champaran. .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

3. The Principal Secretary, Department of Home, Bihar, Patna.

4. The Director, Land Acquisition, Bihar, Patna.

5. The Joint Secretary, Department of Home, Bihar, Patna.

6. The Collector, Motihari.

7. The Land Acquisition Officer, Motihari.

8. The Union of India through the Ministry of Home Affairs, Govt. of India, through its Secretary, North Block, New Delhi.

9. The Secretary, Border Management Ministry of Home Affairs, Government of India, North Block, New Delhi.

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

For the Petitioner/s : Mr. Mallika Mazumdar, Adv. Mr. Prem Kumar, Adv.

For Union of India : Mr. S.D. Sanjay, A.S.G. Mr. Kumar Priya Ranjan, C.G.C.

For the State Mr. Shashi Shekhar Kr. Prasad, AC to PAAG2. For N.H.A.I. Mr. S.N. Pathak, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-03-2017 This matter has been listed out of turn on the basis of mentioning slip filed on behalf of the petitioner. Heard the parties.

The grievance of the petitioner is that lands of the same plot of some other persons including petitioner were acquired but compensation was not paid equally to petitioner and thereafter, he

Patna High Court CWJC No.2205 of 2016 (2) dt.07-03-2017 2/2 filed representation before the competent authority but his representation was not disposed of.

Learned counsel for the petitioner submits that in CWJC No. 13252 of 2013, a co-ordinate Bench of this Court gave liberty to petitioner of that writ petition to file representation before the competent authority and the competent authority was directed to examine and dispose of the matter in accordance with law. Learned counsel for the petitioner further submits that this petition may also be disposed of in view of order passed in CWJC No. 13252 of 2013.

Accordingly, this writ petition stands disposed of giving direction to respondent no. 7 ( Land Acquisition Officer, Motihari) to dispose of the representation of the petitioner in accordance with law within six weeks from the date of receipt/production of copy of this order. However, it is made clear that if the representation of the petitioner is found missing, the petitioner may file a fresh representation before the respondent no. 7 within two weeks from the date of receipt/production of copy of this order.

(Hemant Kumar Srivastava, J) SHAHZAD/- U