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Patna High CourtCWJC/10223/2023disposed

Raj Kumar Singh v. The State Of Bihar

2024-04-05Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10223 of 2023 ====================================================== Raj Kumar Singh Son of Late Ramdhani Singh Resident of Village-MohallahAmber, Police Station-Bihar, District-Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Land Reform (Land Acquisition) Government of Bihar, Patna. 3.

The District Collector-Cum-District Magistrate, Nalanda. 4.

The District Land Acquisition Officer, District-Nalanda (Bihar Sharif). 5.

The Circle Officer, Rahui, Nalanda.

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

For the Petitioner/s :

Mr. Virendra Prasad, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and the State.

2. The present writ petition has been preferred for the following reliefs :- "(i) For issuance nature of of a Mandamus writ in the directing/ commanding the Respondents No. 4 to pay the compensation/award money by which total 6 decimal land of the petitioner acquired by the Respondents for making/construction of project of N.H. 31, 4 Lane Road from Rajauli to Bakhtiyarpur,

Patna High Court CWJC No.10223 of 2023(2) dt.05-04-2024 2/3 Khata No. 299, Khesra No. 1273, Thana No.

45 situated in Mauza- Mora Talab, Rahui Circle Nalanda Distrit.

(ii) That be further be Respondents Authority compensation/award petitioner four time direct to the pay the to as per the Land Acquisition Rule with up to date panel Jalmori @ 18% delay payment of compensation/award from due date till date of payment is made by which the land of the petitioner acquired in the year 2021 for constructing/making 4 lane Road NH 31, Rajauli to Bakhtiyarpur."

3. It is the case of the petitioner that despite issuance of the respondent no. 4, the District Land Acquisition Officer, Nalanda (Bihar Sharif) amongst other to the petitioner herein vide letter no. 1974 (Annexure-5 of the petition) and he having appeared thereafter on 17.02.2023, no further step has been taken by him and/or communicated despite repeated representation to him. As there was no response, he also preferred a representation before the District Collector, Nalanda, Bihar Sharif (respondent no. 3).

Patna High Court CWJC No.10223 of 2023(2) dt.05-04-2024 3/3

4. Learned State counsel submits that in case, the matter has not been taken to its logical conclusion it would be concluded at an earliest.

5. Accepting his submission, the respondent no. 4 namely, the District Land Acquisition Officer Nalanda (Bihar Sharif) is directed to take the matter relating to the acquisition of land [( Mora Talab) Thana No. 45, Khata No. 299, Khesra No. 1273- Area 0.014)] relating to construction of N.H.-31 four lane road from Rajauli to Bakhtiyarpur to its logical conclusion, if still not concluded within a period of six months from today. (Rajiv Roy, J) anuradha/- U