Janak Kishore Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8704 of 2014 ====================================================== Janak Kishore Singh, Son of Late Nunu Lal Singh, Resident of Village - Khamhar, P.S. - Mufassil, District - Begusarai. .... .... Petitioner/s

Versus

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

2. District Magistrate-cum-Collector, Begusarai.

3. District Land Acquisition Officer, Begusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hemendra Prasad Singh, Adv. Mr. Jitendra Prasad Singh, Adv.

For the Respondent/s : Mr. Shashi Shekhar Kr. Prasad, AC to PAAG-II ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 07-12-2016 Heard the learned senior counsel appearing on behalf of the petitioner and the learned AC to PAAG-II appearing on behalf of the respondents.

In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition with respect to the Land Acquisition Case No.253 of 1958-59 particularly regarding non-payment of compensation amount to the interested persons/land owners, this Court is of the opinion that the petitioner, at the first instance, should approach the respondent no.2, the District Collector, Begusarai raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If an appropriate petition/representation with all supporting documents, raising all the pleas, which have been raised in the present writ petition, is filed by the petitioner within a period of one month from today before the respondent District

Patna High Court CWJC No.8704 of 2014 (2) dt.07-12-2016 Collector, Begusarai, then the respondent District Collector, Begusarai either himself or any other competent authority of the respondent State, as per his direction, shall be obliged to consider and decide the claims raised on behalf of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner and all other concerned persons, as also after examining the relevant records of the land acquisition case in question, at an early date, preferably within a maximum period of four months from the date of filing of such representation by the petitioner.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and the same is left to be decided by the competent authority strictly in accordance with law. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U