Smt. Sunita Devi v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17478 of 2015 ====================================================== Sunita Devi W/o Sri Anil Kumar R/o Mohalla- Murarpur, P.S.- Laheri, DisttNalanda. ... ... Petitioner/s
Versus
1. The Union of India through its Secretary of Road Transport and Highway Department
2. The State of Bihar through the Principal Secretary Department of Revenue and Land Reforms Government of Bihar, Patna.
3. The District Magistrate, Nalanda at Biharsharif.
4. The District Land Acquisition Officer, Nalanda at Biharsharif.
5. Tha Circle Officer, Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner :
Mr. Dhananjay Kumar Tiwary, Advocate For the U.O.I.
:
Mr. Anshay Bahadur mathur, C.G.C.
For the State :
Mr. S.D. Yadav, A.A.G. IX Mr. Nagendra Kumar, AC to AAG IX ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date : 25-09-2018 Heard both sides.
2. The petitioner has filed this writ petition for the following relief:
(i) For issuance for an appropriate writ / writs, order / orders, direction / directions, directing the respondents authorities to act in accordance with law in the matter of acquisition of land and payment of its compensation in relation to the petitioner's land which she derived the ownership and possession from the sale deed dated 15.02.10 and 19.07.10 executed in her favour by
Patna High Court CWJC No.17478 of 2015 dt.25-09-2018 2/3 the vendor Manti Devi the land holder as per revenue records of the State of Bihar.
(ii) For quashing the part of the notification by which the purchased Para 4 Raiyati land of bearing plot no.2665 has been shown Gairmazarua Malik Land and thereby denying the entitlement of compensation contained in Annexure-1 as per subsisting title and possession of petitioner.
(iii) For any other relief or reliefs to which the petitioner is found entitled to.
3. The learned counsel for the petitioner submits that the petitioner purchased a piece of land of Plot No.2665 situated in Mauza Kamarpur Paharpur from Manti Devi by registered sale deeds dated 15.02.2010 and 19.07.2010. Manti Devi filed CWJC No.17894 of 2015 along with Heera Lal Chaudhary and Haro Lal Chaudhary. CWJC No.17894 of 2015 was disposed of vide order dated 06.08.2018 and the matter was remitted to the court of District Land Acquisition Officer to hear Manti Devi and others with regard to ownership of land and pass order in accordance with law.
Patna High Court CWJC No.17478 of 2015 dt.25-09-2018 3/3
4. The learned counsel for the State of Bihar as well as the learned counsel appearing on behalf of the Union of India, respondent no.1 did not dispute these facts.
5. Taking into consideration the facts that earlier Manti Devi, the vendor of the petitioner, along with Heera Lal Chaudhary and Haro Lal Chaudhary filed CWJC No.17894 of 2015 and the aforesaid writ petition was disposed of remitting the case to the court of District Land Acquisition Officer to hear Manti Devi and other petitioners of CWJC No.17894 of 2015 and pass order in accordance with law, I find that this writ petition should also be disposed of in terms of the order dated 06.08.2018 passed by this Court in CWJC No.17894 of 2015, as the petitioner is the purchaser of a piece of land bearing Plot No.2665 from Manti Devi, with a direction to the District Land Acquisition Officer, Nalanda at Biharsharif to hear the petitioner and pass order in accordance with law.
6. Accordingly, this writ petition stands disposed of. (Prabhat Kumar Jha, J) S.KUMAR/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.09.2018 Transmission Date NA