Gyan Chand Jaisawal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2716 of 2015 ===========================================================

1. Gyan Chand Jaisawal son of Late Laxmi Prasad Jaiswal Resident of Village Khairpur Bazar (Kadwa), P.S. - Dholbajja, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Collector, Bhagalpur.

3. The Land Acquisition Officer, Bhagalpur.

4. Siyaram Bhagat son of Late Mishri Bhagat

5. Rambilas Bhagat son of Late Mishri Bhagat

6. Binod Bhagat son of Late Jagdish Bhagat

7. Dinesh Bhagat son of Late Ramprasad Bhagat

8. Janardan Bhagat son of Late Ramprasad Bhagat

9. Umesh Bhagat son of Late Ramprasad Bhagat All residents of village - Khairpur Bazar (Kadwa) P.S. - Dholbajja, District - Bhagalpur.

10. Shila Devi wife of Late Nagendra Bhagat

11. Munita Devi wife of Late Nagendra Bhagat

12. Gulabchand Bhagat son of Late Nagendra Bhagat

13. Chandan Kumar son of Late Nagendra Bhagat

14. Kundan Kumar son of Late Nagendra Bhagat

15. Neha Kumari Daughter of Late Nagendra Bhagat

16. Madhulata Kumari Daughter of Late Nagendra Bhagat All resident of village Alamnagar, P.S. Alamnagar, District - Madhepura. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Krishna Chandra, A.C. to A.G. =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 13-02-2015 Nobody appears on behalf of the petitioner. Counsel for the State is present.

Counsel for the State has pointed out that it has not been stated in the writ petition that the suit which is said to be pending, concerns the land in dispute. The contention of the petitioner is that a suit is pending in respect of the subject land and until disposal thereof,

Patna High Court CWJC No.2716 of 2015 dt.13-02-2015 the payment of compensation amount in the name of Awardee(s) who is/are agnates of the petitioner, should be kept in abeyance. Counsel for the State has further pointed out that a representation in this regard has already been filed by the petitioner.

Considering the above, the writ application is disposed of by directing the respondent District Land Acquisition Officer, Bhagalpur (respondent no. 3) to take appropriate decision/pass appropriate order on the said representation of the petitioner in accordance with law. The petitioner shall produce a copy of the said representation (Annexure-4) along with a copy of the present order before the said respondent within four weeks. (Kishore Kumar Mandal, J) Pankaj/- U