Sharat Kumar @ Sharat Kumar Singh @ Bali Singh v. The State Of Bihar And ORS
Patna High Court CWJC No.22069 of 2014 dt.12-10-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22069 of 2014 =========================================================== Sharat Kumar @ Sharat Kumar Singh @ Bhola Singh Son of Late Bishwanath Singh resident of village Janpara, P.O. Barh, P.S. Rani Talab (Bikram), District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Revenue and Land Reform Department, Government of Bihar, Old Secretariat, Patna.
3. The District Collector, Patna.
4. The Deputy Collector, Land Reformw, Paliganj, District Patna.
5. The Special Land Acquisition Officer, Flood Control, Sichai Bhawan,Anisabad P.S. Gardanibagh, Patna.
6. The Circle Officer, Bikram, District Patna. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar, Mr. Shambhu Sharan Kumar, Advocates For the Respondents : Mr. Manoj Kumar, AC to GP 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-10-2017 As prayed, learned counsel for the petitioner is permitted to make correction of the total area to read as "34 decimals" in place of "27 decimals" in para 1 of the writ petition in course of the day.
2. The present writ petition has been filed for a direction to the respondent authorities to make payment of adequate compensation for acquisition of lands of the petitioner of Khata No. 151, Plot No. 1028, area 07 decimals, Plot No. 1031, area 09 decimals, Plot No. 455 area 08 decimals, Plot No. 747, area 10 decimals, total area 34 decimals along with statutory interest from the date of possession of the petitioner's land situated at Mauza Janpara, P.S. Rani Talab (Bikram), District Patna.
Patna High Court CWJC No.22069 of 2014 dt.12-10-2017
3. Learned counsel for the petitioner submits that the said 4 plots of land had been acquired which were however, bakast lands. Subsequently by order dated 16.04.2016 passed in Misc. Case No. 51/2016-16 by the D.C.L.R., Paliganj, Patna (Annexure-7) the lands have been declared to be raiyati lands, It is submitted that the petitioner is thus entitled for compensation in respect of the said lands.
4. Learned counsel for the respondents appears and has been heard.
5. Having regard to the nature of the prayer, the writ petition is disposed of granting liberty to the petitioner to file a fresh representation in the light of the said order dated 16.04.2016 before the Special Land Acquisition Officer, Flood Control, Sichai Bhawan, Anisabad, P.S. Gardanibagh, Patna (Respondent No. 5) for redressal of his grievances. If any such representation is filed within three weeks from today, the same shall be disposed of within a further period of three months thereafter, after granting an opportunity of hearing to the petitioners, in accordance with law. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 16.10.2017 Transmission Date N.A.