Kamla Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5453 of 2017 ======================================================

1. Kamla Kunwar, W/o Late Ravindra Nath Rai, Resident of VillageKudila, P.S.- Karakat, District- Rohtas. at present residing at Barhuri Kala, P.S.- Kochas, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Rohtas.

3. The Land Acquisition Officer, Rohtas.

4. The Deputy Collector Land Reform, Sasaram.

5. The Circle Officer, Kochas, Dist- Rohtas.

6. The Union of India through the Secretary, Road Transport and National Highway, New Delhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Respondent/s : Mr. Md Khurshid Alam-AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2018 I.A. No. 3301 of 2018 This interlocutory application has been filed on behalf of the petitioner to implead the Union of India as respondent in the present writ petition.

The interlocutory application is allowed and petitioner is permitted to implead Union of India as respondent No.6.

CWJC No. 5453 of 2017 Heard both sides.

The petitioner has filed this writ petition for a direction to the respondent No.3, the Land Acquisition Officer, Rohtas to pay compensation to the petitioner for acquisition of her land of Khata No. 752, plot No. 3077, 3345 measuring area 0.4411 acre and 0.0041 acre.

Patna High Court CWJC No.5453 of 2017 (2) dt.14-05-2018 2/2 The learned counsel for the petitioner submits that plot No. 3077, 3345 of Khata No. 752 were recorded in the name of Ravindra Nath Rai, husband of the petitioner. During the ceiling proceeding the aforesaid land was illegally and wrongly recorded as Anabad Bihar Sarkar. The husband of the petitioner filed case before the Consolidation Officer being case No. 3380/1976-77 and the Consolidation Officer vide order dated 08.11.1976 ordered for recording the name of petitioner in the records of rights. The petitioner filed representation (Annexure-6 series) before the Land Acquisition Officer, who acquired the land for widening of N.H. 30, but the same has not been disposed of.

Having considered the facts aforesaid, I dispose of this writ petition with a direction to the Land Acquisition Officer to dispose of the representation of the petitioner within four months from the date of receipt of this order. The petitioner is directed to present a fresh representation before the Land Acquisition Officer with all the documents showing that she is owner of the land.

(Prabhat Kumar Jha, J) BKS/- U