Patna High CourtCWJC/1552/2017disposed

Karandeo v. The State Of Bihar And ORS

2018-08-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1552 of 2017 ===========================================================

1. Karandeo, S/o Late Suryedev Prasad, Resident of Mohalla - Sandalpur, P.S. - Bahadurpur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, Patna.

2. The District Magistrate, Patna.

3. The District Land Acquisition Officer, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Chandram For the Respondent/s : Mr. MD. KHURSHID ALAM- AAG12 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 16-08-2018 Heard learned counsel for the parties.

The present writ application has been preferred for issuance of a command to the respondents to initiate a land acquisition proceeding in respect of the land of the petitioner bearing Plot No. 1874, under Khata No. 478 and Plot No. 1875, under Khata No. 303 in village Kansari, Survey P.S. Masauri, district Patna. The said land was purchased by the petitioner from Bhondu Paswan through registered sale deed dated 06.06.2011, area 76 decimals.

In the counter affidavit, the respondents have stated that the said land was, in fact, acquired for State Highway and compensation are being paid to the claimants in Land Acquisition Case No. 14 of 2011-12. However, the petitioner did not put forward

Patna High Court CWJC No.1552 of 2017 dt.16-08-2018 2/2 any claim along with the supporting document. Hence, compensation was not paid to the petitioner.

Petitioner has enclosed a copy of the representation to the District Magistrate, Patna vide Annexure-3 to the writ petition. However, enclosures to Annexure-3 are not there which are sale deed in respect of the referred land in the name of the petitioner as well as the rent receipt and land possession certificate. The petitioner shall file fresh representation within two weeks before the Collector, Patna and the Collector, Patna shall take appropriate decision within two months from the date of filing of the representation.

With the aforesaid observation, this writ application stands disposed of.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 18.08.2018 Transmission Date N.A.