Chandrama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9899 of 2024 ====================================================== Chandrama Singh Son of Rampati Singh Resident of Village- Mishrawaliya, Post- Dadar, P.S.- Mohania, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum- Collector, Kaimur at Bhabua. 3.

The Additional Collector, Kaimur at Bhabua.

4.

The District Land Acquisition Officer, Kaimur at Bhabua. 5.

The Circle Officer at Mohania, District- Kaimur. 6.

The Block Development Officer, Mohania- Block, District- Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Shio Parsan Singh, Adv.

For the Respondent/s :

Mr. Deepak Kumar, AC to GP4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 29-07-2024 Heard learned counsel for the parties. The present writ petition has been filed seeking the following relief:- "(1) To issue in appropriate order /orders direction/directions including a writ preferably in nature of mandamus commanding and directing upon the Respondents to make the payments of compensation of the petitioner in lieu of their land acquired for the purpose of 319A National Highway is construction Road over situated in Mauza Darawon (Mohania) within Mohania Police Station within the District of Kaimur. (II) To direct the Respondents to make the payment of compensation of land to the petitioner

Patna High Court CWJC No.9899 of 2024 dt.29-07-2024 2/3 considering the nature of land residential.

(III) To direct the respondents to make the payment of compensation for the land of the petitioner at for with land holder whose land acquired for the said purpose.

(IV) For commanding the respondents as to why they are ready to pay compensation treating the land as Agricultural through the land of the petitioner is residential.

(V) For commanding the respondents to pay the compensation of petitioners land treated it as residential not the agricultural The compensation should be granted to the petitioner with interest at the rate of 14% per annum sine the date of due to the date of respective payment.

(VI) For commanding the respondents as to why the land of the petitioner has been treated as agricultural land since the land of petitioner is situated near Bazar Samiti of Mohania Nagar Panchayat.

(VII) To only other relief/ reliefs whether the petitioner may be found entitled in the facts and circumstances of the case."

2. At the very outset, learned counsel for the petitioner submits that the petitioner has filed representation dated 15.05.2024 before the competent authority but, the same is still pending and has not been disposed of as yet and prays for a direction upon the competent authority to dispose of the same expeditiously.

Patna High Court CWJC No.9899 of 2024 dt.29-07-2024 3/3

3. Learned counsel for the State submits that in case the aforesaid representation dated 15.05.2024 is still pending, the same shall be disposed off, within a stipulated time frame, as is fixed by this Hon'ble Court.

4. Having regard to the aforesaid facts and circumstances of the case, this writ petition is disposed off with a direction that in case the aforesaid representation dated 15.05.2024 has not been disposed off as yet, the petitioner is given liberty to file a fresh representation before the before the competent authority i.e. the District Magistrate-cum-Collector, Kaimur at Bhabua/Respondent No.2 along with a copy of this order within a period of four weeks from today, and the District Magistrate-cum-Collector, Kaimur at Bhabua, after hearing all the necessary parties, shall dispose off the same by passing a reasoned and speaking order, in accordance with law, within a period of eight weeks, thereafter.

(Rudra Prakash Mishra, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.08.2024 Transmission Date