Md. Ekhlaque Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13954 of 2022 ====================================================== Md. Ekhlaque Ansari S/o Md. Khalilur Rahman permanent resident of Village- Jiyapokhar, P.O. and P.S.- Thakurganj, District- Kishanganj, at present residing at Village Satal, P.S.- Bahadurganj, District- Kishanganj, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Revenue and Land Reform Department (Land Acquisition Directorate), Government of Bihar. 2.

The Director, Revenue and Land Reform Department, Govt. of Bihar. 3.

Engineer-in-Chief, Road Construction Department, Govt. of Bihar, Bishwashraiya Bhawan, Beley Road, Patna.

4.

The Commissioner, Purnea.

5.

The District Magistrate-cum-Collector, Kishanganj. 6.

District Land Acquisition Officer, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Sinha, Advocate For the Respondent/s :

Mr. Raj Kishore Roy ( GP-18 ) Mr. Mukul Prasad, AC to GP-18.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2024 Heard Mr. Shailendra Kumar Sinha, learned counsel for the petitioner and Mr. Mukul Prasad, learned AC to GP-18.

2. This order be read in continuation of the order dated 11.03.2024 by which after incorporating the facts as also that no fresh development has been brought on record, the respondents were directed to file supplementary counter affidavit.

3. Pursuant thereto, a reply on behalf of the

2/4 respondent nos. 5 and 6 (The Collector, Kishanganj as also the District Land Acquisition Officer, Kishanganj respectively) has come and learned State Counsel took this Court to paragraphs 21 an 22 which read as follows:

"21. That it is most humbly and respectfully stated and submitted that recently on dated 14.03.2024, a letter has been sent by the executive engineer, Road Construction Division, Kishanganj to pay the compensation of writ petitioner as per order dated 05.08.2021 by the Hon'ble Land Acquisition Rehabilitation and Resettlement Authority, Purnia in land Acquisition Reference Case No. 06/2017-18 in the light of Order dated 11.03.2024 passed by this Hon'ble High Court in this case.

22. That it is most humbly submitted that as soon as the above mentioned letter no. 403, dated 14.03.2024 Executive Engineer, Road Construction Department Bihar, Patna has been obtained to these respondents, the process of payment of compensation to writ petitioner has been started immediately and as the amount for payment has been lapsed, letters bearing no.

745 dated 09.04.2024 and 751 dated 12.04.2024 has been sent to the Joint Secretary, Finance Department, Bihar, Patna

3/4 for revival of amount in P.D.A. Account no.

045 so that the compensation amount may be immediately paid to writ petitioner. It is most humbly and respectfully further stated that till now the amount has not been revived by the Finance Department, Bihar, Patna. It is most humbly further stated that as soon as above mentioned amount will be revived by Finance Department, Bihar, Patna, the entire amount of compensation will be paid to writ petitioner immediately without any further delay."

4. Mr. Sinha, learned counsel for the petitioner submits that now the respondents themselves have realised and are taking efforts, the only prayer he made that he may get the fruits at an earliest.

5. Learned State Counsel submits that all efforts have been taken and they will see to it that in the next three months, the matter is taken to its logical conclusion.

6. Believing the words of the learned State Counsel, the writ petition stands disposed of with the direction to the respondents particularly the respondent nos. 5 and 6 to act in line with the statement made by them in paragraphs 21 and 22 and do the needful from the date, the copy of the order is provided to their respective office by the learned counsel for the

4/4 petitioner.

7. The writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U