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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1270 of 2015 In 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 Jaggi Singh All are resident of villageMiriyan, P.S.- Sonhan, District- Kaimur at Bhabhua .... .... Petitioner/s

Versus

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

2. Mr. Prabhakar Jha, the District Magistrate, Kaimur at Bhabhua.

3. Mr. Md. Jiyaullah Haque, The Land Acquisition Officer, Kaimur at Bhabhua.

4. Mr. Shushil Kumar Singh, the Senior Project Engineer, Bihar State Bridge Construction Corporation Limited, Patna.

5. Mr. Md. Nabab Alam, The Executive Engineer, Works Division - 1, Bihar State Bridge Construction Corporation Limited, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Kumar Bhatnagar For the Respondent/s : Mr. Devendra Kr Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-12-2015 Heard Mr. Paswan for the petitioners and the counsel for the State.

This contempt application raises a grievance that the order dated 12.02.2015 passed in CWJC No. 2635 of 2015 has not been complied with by the opposite parties. This Court had directed the petitioners to make an application raising the grievance before the District Land Acquisition Officer, Kaimur at Bhabhua who was directed to consider the said grievance of the

Patna High Court MJC No.1270 of 2015 (4) dt.02-12-2015 2/3 petitioners and pass appropriate order.

In the show cause filed on behalf of the opposite party No.2 a copy of the order dated 22.06.2015 passed by the District Land Acquisition Officer, Kaimur at Bhabhua has been enclosed. It appears therefrom that the District Land Acquisition Officer found that 35 decimal of land of the petitioners was acquired. They are entitled to payment of compensation thereof. With regard to the remaining land further enquiry was to be made. Having held so and directing the concerned authority to make payment of compensation of the said land to the petitioners, the representation of the petitioners was disposed of. The contention of the petitioners is that the amount of compensation which was directed to be paid to the petitioners under order 22.06.2015 has not till date been paid.

Counsel for the State submits that the amount is lying with the Project Director/Senior Project Engineer of the Bihar State, Bridge Construction Corporation Ltd. Patna. On going through the statements made in the show cause, it appears that the District Land Acquisition Officer, Kaimur at Bhabhua, in the light of the order of this Court, considered the application of the petitioners and passed an order. The command of the Court issued in CWJC No.

Patna High Court MJC No.1270 of 2015 (4) dt.02-12-2015 3/3 been complied with. If the petitioners have not been paid the amount of compensation as per the order dated 22.06.2015, it will be the duty of the Project Director or the Senior Project Engineer of the Corporation to pay the same. If any deficiency in discharge of such duty is found, it will be open to the petitioners to seek appropriate relief against those officers in accordance with law. The contempt application stands disposed of.

(Kishore Kumar Mandal, J) HR/- U