Sanjeet Kumar Sharma @ Sanjeet Maharaj v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3827 of 2016 In Civil Writ Jurisdiction Case No. 18333 of 2015 ====================================================== Sanjeet Kumar Sharma @ Sanjeet Maharaj, son of late Uma Nath Sharma @ Uma Nath Mandal, resident of village-Ismailpur P.S. Office and Police Station, Dariganj, District-Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Sri Manjeet Kumar, The Competent Authority-cum-District Land Acquisition Officer, Saran at Chapra.
3. Sri Suraj Kumar, the Project Director National Highway Authority of India Project Implementation Unit Hajipur, Vaishali.
4. Sri Ranjeet Kumar Sharma @ Ranjeet Maharaj, son of Late Uma Nath Sharma @ Uma Nath Maharaj, resident of village-Ismailpur P.S. Office and Police Station, Dariganj, District-Saran at Chapra at present residing at 20, Ganga Kanto Bhaduri, Street Bally P.O. & P.S. Balley Town and District Hawarah (West Bengal)
5. Manjeet Kumar Sharma @ Manjeet Maharaj, son of late Uma Nath Sharma @ Uma Nath Mandal, resident of village-Ismailpur P.S. Office and Police Station, Dariganj, District-Saran at Chapra.
6. Laxmi Sharma @ Laxmi Devi, wife of Sri Prashant Sharma, resident of Village-Biramparsa, P.S.-Rivilganj, District-Saran at Chapra presently posted at Mahendra Bagchi Road Bally, P.S.-Bally, Town and District Howrah-711201 (West Bengal).
7. Champar Kuwar, wife of Late Uma Nath Sharma @ Uma Nath Maharaj, resident of village-Ismailpur, P.O. and P.S.-Dariganj, District-Saran at Chapra.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Md. Khurshid Alam AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2018 This Court has gone through the reasoned order as contained in Memo No.51 dated 16.11.2016 passed by the District Land Acquisition Officer, Saran, Chapra as contained in Annexure-B to the show cause filed on behalf of the opposite party no.2 and is satisfied that the order of the learned Writ Court
Patna High Court MJC No.3827 of 2016 (4) dt.30-08-2018 has been complied with.
Even though learned counsel for the petitioner has tried his best to address this Court on the merit of the claim of the petitioner and submits that this Court should issue notice to the opposite party nos.5 and 6, in the given circumstance where there is no adjudication of rights of the petitioner by the learned Writ Court and it was left for the District Land Acquisition Officer to consider the submissions of both the parties and to see whether any admissible amount is payable to the petitioner or not, if the District Land Acquisition Officer has passed an order and the petitioner is still aggrieved with the same, the remedy of the petitioner lies in an appropriate proceeding in an appropriate jurisdiction and not in the present contempt jurisdiction. This contempt application cannot proceed now and is disposed off accordingly, but with a liberty to the petitioner to take all such pleas which are available to him in an appropriate proceeding to ventilate his grievance.
(Rajeev Ranjan Prasad, J) Arvind/- U