Mathura Prasad Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2635 of 2015 ===========================================================

1. Mathura Prasad Singh, son of Late Jaggi Singh

2. Tileshwar Singh, son of late Jaggi Singh

3. Arbind Kumar Singh, son of late Mahendra Singh All residents of village Miriyan, P.S.- Sonhan, District- Kaimur at Bhabhua. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The District Magistrate, Kaimur at Bhabhua.

3. The Land Acquisition Officer, Kaimur at Bhabhua.

4. The Senior Project Engineer, Bihar State Bridge Construction Corporation Limited, Patna.

5. The Executive Engineer, Works Division-I, Bihar State Bridge Construction Corporation Limited, Patna.

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

For the Petitioner/s : Mr. Deepak Kumar For the Respondent/s : Mr. Devendra Kumar Sinha, A.A.G.-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 12-02-2015 Heard Mr. Dharmendra Kumar Paswan for the petitioner and learned A.A.G.-2 for the State.

The petitioners herein raise a grievance that their lands measuring 55 decimals situated in Miriyachhor Circle, Bhabhua, Thana no. 587, Circle Khata no. 181 having Plot Nos. 334 and 335 have been acquired by the State respondents for construction of RCC bridge. Although, the compensation amount therefor has been sanctioned and deposited with the Land Acquisition Officer but the same has not been disbursed.

The pleadings made in the writ petition are vague. It,

Patna High Court CWJC No.2635 of 2015 dt.12-02-2015 however, appears therefrom that the petitioners have been representing their grievance in this regard before the District Magistrate.

Mr. Sinha has rightly pointed out that if the land of the petitioners had actually been acquired for the said purpose without payment of compensation then the appropriate authority in this regard would be the District Land Acquisition Officer where the petitioners can raise their grievance.

Having heard the parties, the writ application is disposed of permitting the petitioner to make an application before the District Land Acquisition Officer, Kaimur at Bhabhua (respondent no. 3) within 03 weeks along with a copy of the present order whereafter the said respondent will consider the said grievance of the petitioners and pass appropriate orders as quickly as possible preferably within 02 months of its filing/presentation.

(Kishore Kumar Mandal, J) Pankaj/- U