Chourasi Yadav @ Chourasi Mahto, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14191 of 2019 ====================================================== 1.

Chourasi Yadav @ Chourasi Mahto, Son of Masudan Yadav, resident of Village- Umari, P.S. Banka, District- Banka.

2.

Nursing Yadav, Son of Sitabi Yadav, resident of Village- Umari, P.S. Banka, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Banka.

2.

The Commissioner, Bhagalpur Division, Bhagalpur. 3.

The Collector, Banka.

4.

The District Land Acquisition Officer, Banka. 5.

The Anchal Adhikari, Banka, District- Banka.

6.

Guhi Yadav, Son of Late Masudan Yadav, resident of Village Umari, P.S. Banka, District- Banka.

7.

Ajab Lal Yadav, Son of Late Masudan Yadav, resident of Village Umari, P.S. Banka, District- Banka.

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

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Respondent/s :

Mr.Rishi Raj Sinha ( SC-19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the parties.

2. The petitioners claim that land appertaining to Khata No.290, Plot No. 5631 and Khata No. 286, Plot No. 5631, 5632,5633,5634,5635,5636 situate in Village Umari, P.S. Banka, admeasuring 54 decimals belonging to joint family was acquired for construction of Railway Line from Deoghar to Sultanganj. According to them, they are entitled for 1⁄4th share in the said land and, therefore compensation against the acquisition,

Patna High Court CWJC No.14191 of 2019(2) dt.19-07-2019 2/3 proportionately, with their other co-sharers. Apparently, the acquisition was done in the year 2010. It is the grievance of the petitioners that respondent Nos. 7 and 8, in collusion with each other, have grabbed the share of these petitioners also and have withdrawn the entire amount of compensation. Making this grievance, they filed an application before the Bihar Public Grievance Redressal Officer, Banka, which has been dismissed by an order dated 25.07.2018 (Annexure-6), which has been challenged in the present writ application.

4. The petitioners are also seeking a direction to recover excess award money received by the Respondent Nos. 7 and 8.

5. On perusal of the impugned order dated 25.07.2018, it appears that the amount of compensation has admittedly been paid to respondent Nos. 7 and 8. The Public Grievance Redressal Officer has further taken note of the fact that the application under the provisions of Bihar Right to Public Grievance Redressal Act, 2015 came to be filed nearly eight years after the award money was paid. Considering these materials, the petitioners' application has been rejected.

6. This is apparent from the pleadings on record that the State-respondents have already paid the amount of

Patna High Court CWJC No.14191 of 2019(2) dt.19-07-2019 3/3 compensation against acquisition of land. Payments have been made in the name of the persons, who are brothers of petitioner No.1. The petitioners did not raise any objection against payment of amount of compensation for all these years. 7 . I do not find any illegality in the impugned order nor do I find any reason to issue directions as sought for, by the petitioners as has been noted herein above.

8. This application is devoid of merit and is accordingly, dismissed.

(Chakradhari Sharan Singh, J) arun/- U