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Patna High CourtMJC/2329/2024disposed

Arun Kumar v. The State Of Bihar

2024-10-18Mr. Justice Mohit Kumar Shah7 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2329 of 2024 Civil Writ Jurisdiction Case No.15534 of 2022 Arun Kumar Son of Girija Singh Resident of Ward No. 14, Village- Fatehpur, Police Station- Sherghati, District- Gaya.

Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. Dr. Tyagrajan S.M., the Collector, Gaya.

Sri Ravindar Ram, the District Land Acquisition Officer, Gaya, DistrictGaya. Miscellaneous Jurisdiction Case No. 2317 of 2024 Civil Writ Jurisdiction Case No.20661 of 2021 Tribhuwan Prasad Singh son of Late Ramyatan Singh, resident of VillageShishwachak, P.O. and P.S.-Punpun, District-Patna, Pin Code-804415 (Bihar). The State of Bihar through Sri Brijesh Mehrotra, the Chief Secretary, Govt. of Bihar Patna Sri Dipak Kumar Singh, the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

Sri Sushil Kumar, the Director, Land Acquisition, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

Sri Raj Kumar, the Collector, Bhojpur, Ara.

Sri Satya Prakash, the District Land Acquisition Officer, Bhojpur, Ara. 6.

Mr. Raj Kumar, the Accountant General, Bihar, Birchand Patel Path, Patna,

2/7 Miscellaneous Jurisdiction Case No. 2328 of 2024 Civil Writ Jurisdiction Case No.15600 of 2022 Raghupat Ram Son of Late Kamdev Ram, Resident of village- Amar Bigh, P.O.- Kunda, Aurangabad, District- Aurangabad. Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. Sri Rahul Ranjan Mahiwal, the Collector, Aurangabad, DistrictAurangabad. Sri Satyanand Suman, the District Land Acquisition Officer, Aurangabad, District- Aurangabad.

Miscellaneous Jurisdiction Case No. 2330 of 2024 Civil Writ Jurisdiction Case No.15587 of 2022 Ajit Kumar Singh son of Kanhaiya Singh, resident of Village-Palkiya, Police Station-Sherghati, District-Gaya.

Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna. Sri Rahul Ranjan Mahiwal, the Collector, Aurangabad, District-Aurangabad. Sri Satya Nand Suman, the District Land Acquisition Officer, Aurangabad, District-Aurangabad.

3/7 Miscellaneous Jurisdiction Case No. 2331 of 2024 Civil Writ Jurisdiction Case No.15553 of 2022 Basant Kumar Singh son of Shivnandan Singh, resident of VillageBharaundha, Police Station-Risiap, District-Aurangabad. Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna. Sri Rahul Ranjan Mahiwal, the Collector, Aurangabad, District-Aurangabad. Sri Satyanand Suman, the District Land Acquisition Officer, Aurangabad, District-Aurangabad.

Sri Raj Kumar, the Accountant General Bihar, Birchand Patel Path, Patna, Miscellaneous Jurisdiction Case No. 2332 of 2024 Civil Writ Jurisdiction Case No.20602 of 2021 Lalan Prasad Singh Son of Late Ram Sigan Singh @ Late Ram Singasan Singh, Resident of Village and P.O.- Govind Chak, Police Station-Sonpur, District- Saran (Chapra), PIN CODE-841101.

The State of Bihar through Sri Brijesh Mehrotra, the Chief Secretary, Govt. of Bihar, Patna.

Sri Dipak Kumar Singh, the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

Sri Sunil Kumar, the Director, Land Acquisition, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

Sri Yashpal Meena, the Collector, Vaishali at Hazipur. Sri Manoj Kumar, the District and Land Acquisition Officer, Vaishali at Hazipur.

6.

4/7 Miscellaneous Jurisdiction Case No. 2341 of 2024 Civil Writ Jurisdiction Case No.15511 of 2022 Surendra Prasad Singh Son of Late Yugal Kishor Singh, Resident of villageGhura Sadar, Post and P.S.- Tandwa, Basdiha, District- Aurangabad. Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. Sri Rahul Ranjan Mahiwal, the Collector, Aurangabad, DistrictAurangabad. Sri Satyananad Suman, the District Land Acquisition Officer, Aurangabad, District- Aurangabad.

Miscellaneous Jurisdiction Case No. 2416 of 2024 Civil Writ Jurisdiction Case No.20769 of 2021 Raj Kumar Prasad son of Late Sukhlal Singh, resident of Village-Baldha Naya Bigha, P.O. Mahanandpur, Police Station-Nagarnausa, District-Nalanda (Bihar).

The State of Bihar through Sri Brijesh Mehrotra the Chief Secretary Govt. of Bihar Patna.

Sri Dipak Kumar Singh, the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

Sri Sushil Kumar, the Director, Land Acquisition, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

Sri Rajiv Raushan, the Collector, Darbhanga, District-Darbhanga. Sri Baleshwar Prasad, the District Land Acquisition Officer, Darbhanga, District-Darbhanga.

6.

Sri Raj Kumar, the Accountant General Bihar, Birchand Patel Path, Patna, Appearance :

5/7 (In Miscellaneous Jurisdiction Case No. 2329 of 2024) For the Petitioner/s :

Mr.Santosh Kumar Verma, Advocate For the Opposite Party/s :

Standing Counsel 25 For the A.G., Bihar :

Mr. Ram Kinker Choubey, Advocate (In Miscellaneous Jurisdiction Case No. 2317 of 2024) For the Petitioner/s :

Mr.Santosh Kumar Verma, Advocate For the Opposite Party/s :

Mrs. Nutan Sahay, AC to AAG-12 (In Miscellaneous Jurisdiction Case No. 2328 of 2024) For the Petitioner/s :

Mr.Santosh Kumar Verma, Advocate For the Opposite Party/s :

Standing Counsel 25 For the A.G., Bihar :

Mr. Vivekanand Kumar, Advocate (In Miscellaneous Jurisdiction Case No. 2330 of 2024) For the Petitioner/s :

Mr.Santosh Kumar Verma, Advocate For the Opposite Party/s :

Additional Advocate General-12 For the A.G., Bihar :

Mr. Arun Kumar Arun, Advocate (In Miscellaneous Jurisdiction Case No. 2331 of 2024) For the Petitioner/s :

Mr.Santosh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Atul Shankar, AC to SC-19 (In Miscellaneous Jurisdiction Case No. 2332 of 2024) For the Petitioner/s :

Mr.Santosh Kumar Verma, Advocate For the Opposite Party/s :

Additional Advocate General-12 (In Miscellaneous Jurisdiction Case No. 2341 of 2024) For the Petitioner/s :

Mr.Santosh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Navnit Kumar, AC to GP-18 For the A.G., Bihar :

Mr. Ram Yash Singh, Advocate Mr. Utkarsh Bhushan, Advocate (In Miscellaneous Jurisdiction Case No. 2416 of 2024) For the Petitioner/s :

Mr. Santosh Kumar Verma, Advocate For the Opposite Party/s :

Standing Counsel- 25 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-10-2024 At the outset, the learned counsel appearing for the opposite parties in the first case i.e. MJC No. 2329 of 2024, submits, by referring to the order dated 18.09.2024, passed by the Director, Land Acquisition, Bihar, Revenue & Land Reforms Department, Government of Bihar, Patna, annexed to the show cause filed on behalf of the Opposite Parties No. 1 & 2, that not only the petitioner of the first case i.e. MJC No. 2329 of 2024, but the petitioners of the other contempt petitions, as well, have already been granted the benefits of 1st ACP/ 2nd ACP / 3rd MACP, as per their entitlement, with effect from the dates

6/7 mentioned in the chart, against their names, which is a part of the said order dated 18.09.2024. It is further submitted that the actual monetary benefits would definitely be paid to the aforesaid petitioners within a period of six weeks from today. At this juncture, the learned counsel for the petitioners of the aforesaid contempt petitions (totaling eight in number) submits that though it is true that the order passed by this Court in the writ petitions filed by the aforesaid petitioners has stood complied with inasmuch as the aforesaid petitioners have already been granted the benefits of 1st ACP/ 2nd ACP / 3rd MACP, as applicable, however, the actual monetary benefits, emanating therefrom, is yet to be paid, hence a specified time frame be fixed for payment of the same.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Director, Land Acquisition, Bihar, Revenue & Land Reforms Department, Government of Bihar, Patna to ensure payment of the differential amount of arrears of salary, emanating out of grant of the benefits of 1st ACP/ 2nd ACP /3rd MACP, within a period of six weeks from today, failing which he shall not draw his salary.

The aforesaid contempt petitions stand disposed off

7/7 on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U