Arun Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17336 of 2014 =========================================================== Arun Kumar Singh S/o Late Anup Nath Singh R/o Village Rajapur, P.S. Koilawar, District Bhojpur at Ara.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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

3. The District Magistrate, Bhojpur at Ara.

4. The Deputy Collector of Land Reforms, Bhojpur at Ara.

5. The Executive Engineer, Building Construction Division, Ara.

6. The Sadar Divisional Officer, Bhojpur at Ara.

7. The Block Development Officer, Koilawar, District Bhojpur at Ara.

8. The Circle Officer, Koilawar, District Bhojpur at Ara. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Binod Murari Mishra, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date: 12-10-2017 Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents.

The house of the petitioner was acquired for construction of road but grievance of the petitioner is that measurement of the land and cost of the acquired house was not properly done by the cornered authorities and petitioner raised objection before the competent

Patna High Court CWJC No.17336 of 2014 dt.12-10-2017 2/3 authorities but no heed was paid towards his objection. Counter affidavit has been filed on behalf of respondent no. 5 in which at para-9 of the counter affidavit it has been admitted by respondent no. 5 that calculation of cost of land and house of the petitioner was not made properly and again the cost and valuation of acquired land and house was recalculated which has been annexed as Annexure-C to the counter affidavit.

No doubt, the respondent no. 5 has claimed that cost and valuation of land and house of the petitioner has been recalculated but the respondent no. 5 has not brought on record as to how the calculation was made and what amount has to be paid to the petitioner.

Moreover, in course of hearing, learned counsel appearing for the petitioner submits that this petition may be disposed of giving liberty to petitioner to raise his grievance before the respondent no. 3 as he has raised in his rejoinder to the counter affidavit. In view of the aforesaid facts and circumstances as well as submissions of the parties, this writ petition stands disposed of giving liberty to petitioner to raise his grievance before the respondent no. 3 (the District Magistrate, Bhojpur at Ara) by filing written petition annexing a copy of this order within one month from today and if he does so, the respondent no. 3 shall pass appropriate and reasoned

Patna High Court CWJC No.17336 of 2014 dt.12-10-2017 3/3 order on the grievance of the petitioner within two months from the date of filing of written petition. However, it is made clear that any finding/observation given in this order shall not cause prejudice to the respondent no. 3 at the time of taking decision on the grievance of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 13.10.2017 Transmission Date N.A.