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Patna High CourtCWJC/9076/2023disposed

Nand Kishore Prasad v. The State Of Bihar

2023-12-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9076 of 2023 ====================================================== Nand Kishore Prasad, Son of Late Rajendra Prasad, Resident of VillageGulab Bagh, P.S. and P.O.- Barh, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Energy Department, Govt. of Bihar.

2.

Additional Chief Secretary, Energy Department, Govt. of Bihar. 3.

South Bihar Electric Supply Power Distribution Company Ltd. Bihar. 4.

South Bihar Electric Supply Power Distribution Company Ltd., through its Managing Director.

5.

The Superintending Engineer, Electricity Transmission and Supply, Bihar Sharif.

6.

The Collector, Patna, District- Patna.

7.

District Land Acquisiton Officer, Patna.

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

For the Petitioner :

Mr. Nandan Pd. Singh, Sr. Advocate Ms. Prakritita Sharma, Advocate For the State :

Mr. Yogesh Kumar, AC to SC-9 For S.B.D.C.L.

:

Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2023

1. Heard learned counsels for the parties.

2. This writ application has been filed by the petitioner for issuance of appropriate writ to the respondents to pay compensation according to the law with regard to the land of the petitioner described in details in paragraph No. 3 of the writ application along with damages for dispossession of the petitioner for the period between the date of dispossession and actual payment of compensation.

3. The case of the petitioner is that the land in

Patna High Court CWJC No.9076 of 2023(2) dt.05-12-2023 2/2 question bearing Khata No. 493, Plot No. 28, Area- 1.25 Acres, situated at Mauza- Sahari, Survey Thana No. 60, P.O. & P.S.- Barh, Tauzi No. 8530, District- Patna, was acquired by the respondent-Authorities without following any due process of law.

4. It is submitted by learned senior counsel for the petitioner that in this regard the petitioner has made a representation before the Collector, Patna (Respondent No. 6) on 16.07.2019, which is still pending before him.

5. In view of the nature of grievance raised, this writ application is disposed of with a direction to the Collector, Patna (Respondent No. 6) to dispose of the petitioner's representation dated 16.07.2019 (Annexure-8 to the writ application) in accordance with law, preferably within a period of six months from the date of receipt/production of a copy of this order. (Prabhat Kumar Singh, J) shashank/- U