Sunaina Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14344 of 2015 ====================================================== Sunaina Devi Widow of Late Shesh Nath Raut Resident of Village Pathkauli, Ward No. 3, P.O. Malkauli and P.S. Bagha District West Champaran, PIN Code - 845101.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Collector, West Champaran, Bettiah.

3.

The District Land Acquisition Officer, Land Acquisition Office Collectorate, Bettiah, West Champara 4.

Anchal Adhikari, Anchal Office Bagha 2, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha No.-2 For the State :

Mrs. Archana Meenakshee, G.P.6, Advocate Mr. Rohit Singh, A.C. to G.P.-6 Mr. Prabhat Ranjan, A.C. to G.P. 6 Mr. Harish Singh, A.C. to G.P. 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2025 Noone appears on behalf of the petitioner though, Mrs. Archana Meenakshee, learned G.P. 6 appearing on behalf of the State is present.

2. The present application has been preferred for the following relief:- That the present application for issuance of direction to respondents to pay the Compensation of the lands of the petitioner along with interest of Khata No.4 Plot No. 1 Area 2 Katha of Village Narainapur, which was acquired by Bihar Government for Construction of Bandh (Dam) for protection of Bagha town

Patna High Court CWJC No.14344 of 2015(2) dt.14-07-2025 2/2 Phase 1 from Kataw of Gandak River in 2012 and still not a single paisa paid to petitioner, and petitioner is running pillar to post.

3. A counter-affidavit of respondent Nos. 1 to 4 is on record and paragraph No. 8 which reads as follows:

8. That the land of petitioner acquired without giving any notice to petitioner and petitioner and his son, when compensation of his/her land was not paid by authority, made complaint to the District Land Acquisition Officer, Bettiah and Anchal Adhikari Bagha 2 in the month of February 212 (03.02.2012) when no action taken then petitioner met with District Land Acquisition Officer on 08/07/2012 and Land Acquisition Officer directed his Staff to look into the matter.

4. From the aforesaid facts, it is clear that the said land has not been taken-up by the respondents for the purpose of land acquisition. The counter-affidavit was filed after service of copy to the learned counsel for the petitioner in the year 2015 and there is no rebuttal.

5. However, since there is no apprehension, the writ petition is dismissed for non-prosecution.

(Rajiv Roy, J) Sudhanshu/- U