Kalawati Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2378 of 2015 ===========================================================

1. Kalawati Devi W/o Nagendra Prasad Yadav

2. Usha Kumari W/o Gajendra Prasad Yadav

3. Taruna Devi Wife of Ravindra Prasad All are R/o Vill - Vishwanathpur, P.s. + Anchal - Dumra, District - Sitamarhi.

.... .... Petitioners

Versus

1. The State of Bihar.

2. The Collector, Sitamarhi.

3. The District Land Acquisition Officer, Sitamarhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Jha For the Respondent/s : Mr. Ram Balak Mahto, AG =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 18-02-2015 Heard the parties.

With the consent of the parties, the writ application is being disposed of at this stage.

Petitioners claim to have purchased the subject land detailed in para-7 through registered sale deed in the year 2010. The vendor was proceeded against under the Bihar Land Ceiling Act and the subject land was declared the land of the vendor in the said proceeding. The State Government acquired the land but without payment of compensation to the petitioners since the Bihar State Religious Trust Board laid claim thereover. In such circumstance, the petitioners filed an application (Annexure-4) before the District Land Acquisition Officer, Sitamarhi for referring the matter to the Court of

Patna High Court CWJC No.2378 of 2015 dt.18-02-2015 2 / 2 competent jurisdiction under Section 30 of the Land Acquisition Act (for short 'the Act'). The same has remained pending before the said Authority leading to the writ application.

Contention of the petitioners is that present writ application be disposed of by directing the respondent-District Land Acquisition Officer to consider and take appropriate decision thereon in accordance with law.

Considering the said submissions and the pleadings made in the writ application, counsel for the State has acceded to the prayer of the petitioners. Taking into account the aforesaid facts, this Court disposes of this writ application by the following order:- Let the petitioners file a copy of Annexure-4 together with the copy of the present order before the respondent-District Land Acquisition Officer, Sitamarhi within a period of three weeks whereafter the said respondent shall examine/consider the aforesaid application of the petitioners and take appropriate decision thereon in accordance with law as quickly as possible preferably within two months from its filing/presentation.

(Kishore Kumar Mandal, J) Shyam/- U