Chandra Kala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11823 of 2023 ====================================================== Chandra Kala Devi widow of Late Rajendra Prasad Yadav @ Rajendra Yadav R/o- Rahikatola Araria, Ward No.- 17, P.S. and Anchal- Araria, DistrictAraria. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Collector, Araria.

3.

The District Land Acquisition Officer, Araria. 4.

The District Public Grievance Redressal Officer, Araria. 5.

The Circle Officer, Araria, District- Araria. 6.

Pankaj Kumar Yadav, S/o- Late Dilip Kr. Yadav Resident of Rahikatola Araria Ward No.- 17, P.S. and Post and Anchal- Araria, District- Araria. 7.

Ranjan Kumar Yadav, S/o Late Dilip Kr. Yadav Resident of Rahikatola Araria Ward No.- 17, P.S. and Post and Anchal- Araria, District- Araria. 8.

Prakash Kumar Yadav, S/o- Bindeshwari Yadav Resident of Rahikatola Araria Ward No.- 17, P.S. and Post and Anchal- Araria, District- Araria. 9.

Ambika Devi, W/o- Late Bhubneshwar Prasad Yadav Resident of Rahikatola Araria Ward No.- 17, P.S. and Post and Anchal- Araria, District- Araria. 10.

Manoj Kumar Yadav, Son of Late Bhubneshwar Prasad Yadav Resident of Rahikatola Araria Ward No.- 17, P.S. and Post and Anchal- Araria, DistrictAraria. 11.

Binod Kumar Yadav, Son of Late Bhubneshwar Prasad Yadav Resident of Rahikatola Araria Ward No.- 17, P.S. and Post and Anchal- Araria, DistrictAraria. 12.

Subodh Kumar Yadav, Son of Late Bhubneshwar Prasad Yadav Resident of Rahikatola Araria Ward No.- 17, P.S. and Post and Anchal- Araria, DistrictAraria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Bhushan Das, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam ( AAG12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2024 Learned Counsel for the petitioner prays for and is allowed to delete paragraphs 18 and 19 of the writ petition.

2. Heard the parties.

Patna High Court CWJC No.11823 of 2023(2) dt.07-05-2024 2/3

3. The present petition has been preferred for: (i) issuance of an appropriate writ or direction quashing the letter no. 1216 dt. 16.08.2022 issued by the District Land Acquisition Officer Araria written to the District Public Grievance Redressal Officer Araria contained in Annexure- 9 informing him that the claim of the petitioner for the compensation of the for acquired land in question acquired by the Indian Railways for the construction of Railway Line from Araria to Galgalia, is baseless which had illegally been paid to the private respondents No.-6 to 12, merely on the basis of District Land Acquisition Amin's report and ignoring the valid documents and the local enquiry report of the Anchal Office, Araria while appropriate be issued to the District Land Acquisition Officer to consider the claim of the petitioner for the acquired Land in question.

4. It is the case of the petitioner that she being a lady, has still not got the fruits of the acquisition though the agnates of her late husband have been extended the benefits.

5. It is his submission that a representation preferred before the Collector, Araria (Annexure-10 to the petition) got no response. He submits that it would suffice if her fresh representation is disposed of by the Collector, Araria.

6. Learned State Counsel has no objection to it.

7. If the petitioner prefers representation with

Patna High Court CWJC No.11823 of 2023(2) dt.07-05-2024 3/3 documents before the Collector, Araria within four weeks he shall take a decision after hearing the parties.

8. The writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U