Smt. Indu Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6009 of 2017 ====================================================== Smt. Indu Devi wife of Shri Kamleshwar Kishore Sinha Resident of Village - Dharhara, P.S. - Paliganj, District - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate-cum-Collector, Patna. 3.

The District Land Acquisition Officer, Patna. 4.

The Additional District Land Acquisition Officer, Patna. 5.

The Public Information Officer-cum-additional District Land Acquisition Officer, Patna.

6.

The Public Information Officer of District Land Acquisition Office, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-09-2025 No one appears on behalf of the petitioner though the State is present.

2. The present petition has been preferred for the following relief/s:

(i) issuance of an appropriate writ/writs, order/orders, direction/directions to consider the adequate, reasonable and just compensation of the 80% land which was acquired by the respondents belonging to the petitioner for the purpose of construction of Neura-Daniyawan Bari Rail line without

2/4 giving any opportunity to the petitioner to place her grievance in respect of price of their land or without making any enquiry as to ascertain the market value of land on the date of paid the 80% compensation Amount against the 80% acquired land of the petitioner;

(ii) for a direction to the respondents to consider the case of the petitioner for grant of compensation amount at the rate of November, 2011 market value with reasonable interest from June,2000 to till date 2017 against the petitioner's acquired land, which was acquired by the respondents under Neura-Daniyawan Bari rail line Project during the period of 2006, but Respondents have paid the 80% compensation amount against the 80% acquired land approx. 2,03119.40=00(Two Lacs three thousand one hundred Nineteen rupees and Forty Paise only) on November, 2011 after more than five years of land

3/4 Acquisition at the rate of year 2006;

(iii) for a direction to the respondents to consider the case of the petitioner for grant of appropriate compensation amount with interest against of her rest part of useless land of the same plot after the measurement of petitioner's acquired land under the Land Acquisition Act, which was not acquired by the respondent authority.

3. The State has taken this Court to para-9 of the counter affidavit filed on behalf of respondent no.2, the Collector, Patna by which it has been recorded that earlier 80 per cent of the amount was paid on 19.03.2016 and the petitioner has put in her signature in token of the receipt (Annexure-K to the counter affidavit on behalf of respondent no.2).

6. The copy of the petition was served upon the learned counsel for the petitioner on 18.11.2019 and there is no rebuttal to it.

7. This Court is convinced that the petitioner has received all the compensation amount.

8. If still aggrieved, she has alternative remedy.

4/4

9. However, in view of the fact that there is no appearance, the writ petition is dismissed for non-prosecution. (Rajiv Roy, J) Ravi/- U