Md. Obedullah @ Obedullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17921 of 2021 ====================================================== 1.

Md. Obedullah @ Obedullah Son of Md. Rais Resident of VillageParmanandpur, Jath Tola, Ward No.6, P.S.- Raniganj, District- Araria. 2.

Abdul Manan Son of Md. Idrish Resident of Village- Parmanandpur, Jath Tola, Ward No.6, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Land Acquisition Department, Govt. of Bihar, Patna.

3.

The Director, Land Acquisition and Rehabilitation Department, Govt. of Bihar.

4.

The District Magistrate/Collector, Araria, District- Araria. 5.

The Special Land Acquisition Officer, Araria, District- Araria. 6.

The District Land Acquisition Officer, Araria, District- Araria. 7.

The East Central Railway Zone, Headquarter, Hajipur through its Chairman. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioners and learned GP-18 for the State.

2. Learned counsel for the petitioners submits that the instant writ application has been filed for a direction upon the respondents for considering the application of the petitioners for grant of compensation of the acquired land pertaining to Khata No. 292, Khesras No. 3539, 3541 and 3543, area 36 decimals pertaining to Mauza Harraiya, Thana No. 196, district Araria for construction of the railway line.

Patna High Court CWJC No.17921 of 2021(4) dt.27-01-2025 2/3

3. Learned counsel appearing on behalf of the State submits that a counter and a supplementary counter affidavit has been filed on behalf of respondents no. 4 and 6 wherein a specific plea has been taken that land of the petitioners was never acquired for the aforesaid purpose.

4. The said contention of the learned State counsel is rebutted by the petitioners and submits that since the petitioners have filed a representation before the District Magistrate, Araria and the District Land Acquisition Officer, Araria seeking compensation, the said representation ought to have been dismissed on the ground which has been taken in the counter affidavit but then the authorities are sitting tight over the matter.

5. Learned State counsel submits that from perusal of Annexure-10 series to the supplementary affidavit filed on behalf of the petitioners, it would manifest that the representations have been sent by the petitioners by registered post, hence, it may be a possibility that the application may not be found in the office of the District Magistrate, Araria on which learned counsel appearing on behalf of the petitioners submits that petitioners will file a fresh representation before the District Magistrate, Araria for considering their case on which learned State counsel submits that he has no objection if the writ

Patna High Court CWJC No.17921 of 2021(4) dt.27-01-2025 3/3 application is disposed of with a direction to the petitioners to file fresh representation before the District Magistrate, Araria raising their grievance as raised in the instant writ application.

6. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the petitioners to file a fresh representation before the District Magistrate, Araria for seeking relief as claimed in the instant writ application on or before 10.02.2025, if any representation is filed by the petitioners on or before 10.02.2025, the District Magistrate, Araria shall consider and dispose of the same in accordance with law within a period of three months thereafter. (Satyavrat Verma, J) Kundan/- U