Rajnandan Singh And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5936 of 2015 ===========================================================
1. Rajnandan Singh S/o Late Ram Kishun Singh
2. Vinod Kumar Singh S/o Sri Rajnandan Singh
3. Pramodh Kumar Singh S/o Sri Rajnandan Singh
4. Manoj Kumar Singh S/o Sri Rajnandan Singh
5. Satyendra Kumar Singh S/o Late Ram Kishun Singh
6. Pankaj Kumar S/o Satyendra Kumar Singh
7. Manish Kumar S/o Satyendra Kumar Singh
8. Sushma Devi wife of Satyendra Kumar Singh
9. Sushila Devi wife of Late Ramashish Singh
10. Rajindra Prasad Sah S/o Late Khaderan Sah, all resident of village- Jolbigha, Police Station- Punpun, District- Patna.
11. Shanti Devi wife of Sri Kishun Singh resident of Mohalla + Police StationBeur, District- Patna.
12. Sita Devi wife of Sri Hari Prasad Sao resident of village- Sadisopur, Police Station- Bihata, District- Patna.
13. Chandeshwar Thakur son of Late Ram Jatan Thakur resident of village Bahuar, Police station- Punpun, District- Patna.
14. Kaushalya Devi, wife of Sri Naresh Thakur
15. Chameli Devi wife of Sri Mahendra Paswan
16. Ranjit Thakur son of Late Devendra Thakur, resident of village- Bahuar, Police station- Punpun, District- Patna.
17. Rekha Kumari wife of Sri Chandeshwar Singh Resident of village-Patlapur Diyara, Police Station- Shahpur, District- Patna.
18. Sahjira Devi wife of Sri Dipan Chaudhary resident of village- Bahuar, Police station- Punpun, District- Patna.
19. Satnarayan Singh son of Late Ratan Singh resident of village- Jolbigha, Police Station- Punpun, District- Patna.
20. Satyendra Singh son of Lallu Singh resident of village- Jolbigha, Police StationPunpun, District- Patna.
21. Nagendra Singh son of Lallu Singh resident of village- Jolbigha, Police StationPunpun, District- Patna.
22. Prakash Kumar son of Late Laldev Singh resident of village- Bahuar, Police station- Punpun, District- Patna.
23. Arvind Kumar sonn of Late Satyanand Singh resident of village- Bela, Police station- Punpun, District- Patna.
24. Sumitra Devi wife of Sri Kameshwar Singh resident of Mohalla- Dupulwa, Police Station- Jakkanpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of Revenue and Land Reforms, Govt of Bihar , Patna.
2. District Magistrate-cum-Collector, Patna.
3. District Land Acquisition Officer, Patna.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Raj Shekhar For the Respondent/s : Mr. Ram Balak Mahto
Patna High Court CWJC No.5936 of 2015 dt.12-04-2017 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL JUDGMENT Date: 12-04-2017 Heard the parties.
2. Certain lands of different villages were acquired for construction of Gaya Dobhi Road. The lands of the petitioners fall in Mauza-Jolbigha and the first notification was published on 14.04.2011 in Hindi Daily Newspaper "Hindustan" and in the aforesaid notification, the nature of the acquired lands of MauzaJolbigha was shown as residential but, subsequently, another notification was published on 19.06.2013 in Hindi Daily Newspaper "Dainik Jagaran" and in the aforesaid notification, the nature of the acquired lands of Mauza-Jolbiha was shown as agricultural. Thereafter, the petitioners filed an objection on 09.07.2013 before the Land Acquisition Officer, Patna, raising their grievance but without disposal of aforesaid objection dated 09.07.2013 filed on behalf of the petitioners, the respondents allegedly started working on the acquired lands.
3. The State has filed counter affidavit mentioning this fact that the Collector, Patna, constituted a committee of six men to inquire about the nature of the acquired lands for construction of Patna Gaya Dobhi Road and the aforesaid committee vide its report dated 06.01.2012 reported that the acquired lands of village- Pakri, Kodehara and Nadaul are residential in nature whereas the acquired
Patna High Court CWJC No.5936 of 2015 dt.12-04-2017 3/3 lands of rest villages are agriculture in nature and that is the reason, on the basis of the aforesaid report, the notification was, subsequently, published on 19.06.2013 in the Hindi Daily Newspaper "Dainik Jagaran" .
4. Learned counsel for the petitioners submits that when an objection has been filed on behalf of the petitioners, the said objection should be disposed of by the concerned authorities by passing an appropriate order in accordance with law but the District Land Acquisition Officer, Patna, has not passed any order on the objection filed on behalf of the petitioners.
5. In view of the aforesaid submissions, this writ petition stands disposed of giving direction to the respondent no.3, the District Land Acquisition Officer, Patna, to dispose of the objection dated 09.07.2013 filed on behalf of the petitioners by passing an appropriate order in accordance with law within four weeks from the date of receipt / production of copy of this order.
(Hemant Kumar Srivastava, J) N.K/- AFR/NAFR NAFR CAV DATE NAFR Uploading Date 24.04.2017 Transmission Date 24.04.2017