Rajesh Kumar Gupta And ANR v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17738 of 2011 ======================================================

1. Rajesh Kumar Gupta S/O Late Ramdeo Prasad Gupta R/O VillageBasantpur, Police Station- Birpur, District- Supoul

2. Ramanand Prasad Gupta S/O Late Ram Krishna Prasad Gupta R/O Village- Basantpur, Police Station- Birpur, District- Supoul .... .... Petitioner/s

Versus

1. The Union Of India Through The Commandant Seema Suraksha Bal At Supoul Within The District Of Supoul

2. The State Of Bihar Through The Under Secretary Department Of Revenue And Land Reforms, Government Of Bihar, Patna

3. The Commandant Null Seema Suraksha Bal (S.S.B.), 18th Batalian at Supoul, Within The District Of Supoul

4. The Under Secretary Department of Revenue and Land Reforms, Government Of Bihar, Patna at the Main Secretariat Building, Patna

5. The Accountant General (A&E), Bihar at Birchand Patel Path, Patna

6. The Collector, Supoul

7. The District Land Acquisition Officer, Supoul within the District Of Supoul

8. The Sub Divisional Officer at Supoul

9. The Anchal Adhikari at Basantpur within the District Of Supoul .... .... Respondent/s ====================================================== Appearance :

For the Petitioners : Mr. Arun Prasad Ambastha For the State: Mr. Anirban Kundu, SC 24 For the U.O.I : Mr/s. Awadhesh Kr. Pandey & Ravinder Kr. Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-02-2018 Heard both sides.

The petitioners have filed this writ petition for a direction to the respondents-authorities for making payment of adequate proportionate compensation to the petitioners for acquisition of their land treating the same to be Anabad Bihar Sarkar.

The learned counsel for the petitioners submits that the lands of R.S. Khata No. 657, R.S. plot No. 1599, area 1.23

Patna High Court CWJC No.17738 of 2011 (14) dt.15-02-2018 2/2 acres was carved out from C.S. Khata No. 124, C.S. plot No. 696 and the same was settled in the name of Dineshwar Prasad Gupta but during the course of revisional survey, at Khanapuri stage, name of Bindeshwari Prasad Gupta was recorded and the same was recorded as Anabad Bihar Sarkar. It is further submitted that the aforesaid land was acquired by Seema Suraksha Bal (S.S.B.) but when this fact came to the knowledge of S.S.B. fresh requisition for aforesaid land was sent to the Collector. The Collector also assessed the value of aforesaid land but later on the same was revised. It is submitted that some payment has also been made.

Considering the fact that the dispute with regard to valuation of the acquired land cannot be decided in this writ petition, the petitioner may file petition before the Collector/ Land Acquisition Officer for proper valuation of land and payment of compensation.

Accordingly, this writ petition is dismissed with liberty to the petitioners to file petition before the appropriate authority for redressal of their grievance.

(Prabhat Kumar Jha, J) BKS/- U