Mantee Devi Alias Manti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11744 of 2022 ====================================================== Mantee Devi alias Manti Devi W/o Late Subash Singh alias Suvash Singh, R/o Village- Chechaul, P.S. Naubatpur, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Patna.
2.
The Director, Revenue and Land Reforms Department, Patna. 3.
The Collector, Patna.
4.
The Deputy Collector, Land Reforms, Danapur.
5.
The Circle Officer, Naubatpur, Patna.
6.
The District Land Acquisition Officer, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh, Advocate For the Respondent/s :
Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2024 This writ application has been filed:
a) For issuance of an appropriate writ/order/direction commanding the Respondents to forthwith pay the compensation for their lands acquired for construction of Bihta Sarmera State Highway No. 78 along with commercial rate of interest.
b) For issuance of an appropriate writ/order/direction commanding the Respondents to conclude the land acquisition proceedings with respect to land in question in favor of the Petitioner. c) And/or for any other relief or reliefs for which the petitioners would be found entitled to on the facts and in the circumstances of the case.
Patna High Court CWJC No.11744 of 2022(8) dt.16-01-2024 2/3
2. In this case, a supplementary counter affidavit has been filed on behalf of respondent no. 3 to 6 wherein it is stated that the matter of the petitioner has been examined and after considering all the facts on record, the Additional Collector, Patna has passed reasoned order dated- 29.12.2023 whereby the claim made by the petitioner in Raiyati Appeal Case No02/2023-24 has been accepted and the land of the petitioner has been declared to be raiyati. Further direction has been given to the District Land Acquisition Officer, Patna for taking needful action in the matter.
3. It is further stated in the supplementary counter affidavit that accordingly, approval has been made for payment of 24,51,860.00 as compensation amount to the petitioner along with structure with regard to the land acquired under Khata No280, Plot No-837, area-0.05514 acre in Mauja- Chechaul, Thana No-154 Project-Bihata-Sarmera for SH-78. the The amount of Rs. 16,87,620.00 has been calculated for the land in question and Rs.-7,64,240.00 for the structure on the said land. The payment of the total amount of Rs.- 24,51,860.00 has been done in the account of the petitioner which is apparent from the C.C Voucher dated-05.01.2024 duly signed by the District Land Acquisition Officer, Patna.
Patna High Court CWJC No.11744 of 2022(8) dt.16-01-2024 3/3
4. Learned counsel for the petitioner raises grievance with regard to insufficiency of the compensation amount and also for payment of statutory interest.
5. Considering the submission made on behalf of the parties and materials available on record, this writ application is disposed of granting liberty to the petitioner to raise his grievance with regard to insufficiency of the compensation amount and payment of the statutory interest before the competent authority. If such grievance is raised before the competent authority, the same shall be disposed of, after hearing the parties, in accordance with law.
6. With above observation and direction, the writ application stands disposed of.
(Prabhat Kumar Singh, J) anay U