Shakuntala Devi And ORS v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2355 of 2015 In Letters Patent Appeal No.1839 of 2012 ======================================================
1. Shakuntala Devi, W/o Late Sadhu Saran Prasad,
2. Shailam Sinha, W/o Mukul Kumar
3. Archana Rani, W/o Binit Kumar Sudhakar All resident of village & P.O.- Salalpur, P.S.- Daniawa, Distt- Patna. ... ... Petitioner/s
Versus
1. The Union of India through Mr. Vijay Kumar, Ministry of Rural Works Department, Govt. of India, N.Delhi.
2. The State of Bihar.
3. Ms. Pratima S Verma, District Magistrate, Patna.
4. Mr. Amrendra Kumar, Deputy Development Commissioner, Patna.
5. Mr. Inamul Haque Siddiqui, Land Acquisition Officer, Patna.
6. Mr Kamlesh Chaudhary, Chief Engineer, Rural Works Department, Govt. of Bihar.
7. Mr. Banke Bihari Singh, Superintending Engineer, Rural Works Department, Govt. of Bihar.
8. Mr. Sanjiv Kumar, Executive Engineer, Rural Works Department, Govt. of Bihar, Patna.
9. Mr. Rameshwar Singh, Assistant Engineer, Rural Works Department, Govt. of Bihar.
10. Mr. Nigmanand Mahto, Junior Engineer, Rural Works Department, Govt. of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vishal Saurabh, Adv.
For the Respondent/s :
Mr. Mrs. Punam Kumari Singh, CGC Mrs. S.D. Sanjay, Addl. S.G.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court MJC No.2355 of 2015 dt.22-11-2017 2/3 Date : 22-11-2017 From the show cause filed by the respondents, it is seen that encroachment has been removed and thereafter compensation to be paid to the petitioner was assessed at Rs.20,365/- and on 16.7.2015 petitioner was directed to appear in the office on 19.8.2015 to receive the compensation. Thereafter when the petitioner did not appear, he was directed to appear on 20th of August, 2015. According to the petitioner, he had gone to take the compensation, but the officer concerned was not available and, according to the show cause filed and the communication available, Annexure D, the allegation is that the petitioner did not come even after issuance of order dated 24.8.2013.
Keeping in view the facts and circumstances of the case, it is directed that the petitioner shall appear in the office of Executive Engineer, Rural Works Department, Work Division, Patna, the officer who has written Annexure D dated 24.8.2015 filed along with the show cause on 27th of November, 2015 and on the same being done, the said respondent shall pay the compensation to the petitioner within a period of 3 days of his appearance and submit a report to the Registrar General of this Court.
Patna High Court MJC No.2355 of 2015 dt.22-11-2017 3/3 The petitioner shall appear in the office of the respondent along with a certified copy of this order on 1st of December, 2017 when the said authority shall make payment on the same day or, in any case, before 5th of December, 2017. With the aforesaid, this application is disposed of. (Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27.11.2017 Transmission Date