Patna High CourtCWJC/18150/2013disposed

Smt. Kamli Devi v. The State Of Bihar And ORS

2016-03-28Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18150 of 2013 ====================================================== Smt. Kamli Devi, Wife of Sri Mahendra Shah, Resident of Village Bishwambharpur, P.S. Tariyani, District Sheohar .... .... Petitioner/s

Versus

1. The State Of Bihar through Commissioner-Cum-Secretary, Revenue and Land Reforms Department, Directorate of Land Acquisition, Bihar, Patna

2. Under Secretary To Government, Govt. Of Bihar Department of Revenue and Land Reforms, Directorate of Land Acquisition, Bihar, Patna

3. The District Magistrate, Sheohar

4. Additional Collector, Sheohar, Dist. Sheohar

5. Deputy Collector Land Reforms, Sheohar, District- Sheohar

6. District Land Acquisition Officer, Sheohar

7. Anchal Adhikari, Tariyani Block, P.S. Tariyani, District- Sheohar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Choudhary, Adv. For the Respondent/s : Mr. Kundan Bhadur Singh, SC-22 Mr.Madanjeet Kumar, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-03-2016 Heard the parties.

Though, initially the petitioner challenged the validity and correctness of the notification dated 29.05.2013 (Annexure-6) issued by the State Government under Section 4 of The Land Acquisition Act, 1894 (in short 'Act, 1894'), but in view of the fact that now finally the award has been prepared under Section 11 of the Act, 1894, which has been asserted in paragraph 4 of the supplementary counter affidavit filed on behalf of the respondent nos.3 to 7, this Court is of the opinion that the petitioner should approach the Collector under the Act and receive the award amount; and, if she is at all aggrieved either by quantum of award or its apportionment, then she shall be at liberty to approach the Collector under the Act for grant of appropriate

Patna High Court CWJC No.18150 of 2013 (5) dt.28-03-2016 relief(s) under the provisions of the Act, 1894. With the aforesaid observations and directions, the writ petition stands disposed of.

(Birendra Prasad Verma, J) Arvind/- U