Brahamdeo Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.514 of 2015 In Civil Writ Jurisdiction Case No. 8690 of 2013 ======================================================

1. Brahamdeo Singh, son of late Jagdish singh, Resident of VillageChitrauli, P.O. Pavera, P.S. Dhanarua, Distt. Patna, at present R/o Mohalla Priyadarsi Nagar (Indra Sadan) P.O. Bahadurpur Housing Colony, Kumhrar, District- Patna- 800026.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Abhay Kr. Singh, The District Magistrate, Patna.

3. Sri Chandrashekhar Pd., The Deputy Collector, Land Reforms, Masauri, District- Patna.

4. Sri Anamul Haque Siddiqui in charge the Land Acquisition officer, Masauri, Patna.

5. Sri ......, the Jalpad Pramandal Office Ekangarsarai, District- Nalanda.

6. Smt. Prabha Rani, the Circle Officer, Dhanarua, District- Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Respondent/s : Mr. Ga13- N. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for initiation of contempt proceeding against the opposite parties for violation of order dated 17.6.2014 passed in C.W.J.C. No.8690 of 2013.

The matter relates to Plot Nos. 51, 50, 33, 53, 58, 26, 25, 90, 47, 100, 48, 104, 49 and 31.

This Court while disposing of the writ petition has

Patna High Court MJC No.514 of 2015 (3) dt.07-10-2015 observed that if the land of the petitioner has been utilized for the purposes of construction of embankment then compensation will be paid to him in terms of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act.

The Collector has considered the representation of the petitioner and found that the embankment in question was constructed 50 years ago with the consent of the Raiyat for the protection of plot. Later on the embankment was heightened and strengthened and by a detailed order rejected the representation of the petitioner.

In the present contempt proceeding, this Court can not examine the merit of the case. The petitioner, if feels aggrieved, he may approach before the appropriate forum Accordingly this application is dismissed.

(Shivaji Pandey, J) Vinay/- U