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Patna High CourtCWJC/12565/2023disposed

Nabeel Ahmad Khan v. The State Of Bihar

2024-07-02Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12565 of 2023 ====================================================== Nabeel Ahmad Khan Son of Late Abdul Haque Khan Resident of VillageBishunpurahai, P.S.-Shahebganj, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate-Cum-Collector, Muzaffarpur. 4.

The Additional Collector, Muzaffarpur.

5.

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Respondent/s :

Mr.Raj Kishore Roy, G.P.-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that although the petitioner has received the compensation in lieu of acquisition of his land measuring 3.37097 appertaining to Khata No.688, Khesra No.2913, Thana No.100 situated in MauzaVishunpurpatti within Sahebganj Circle, District-Muzaffarpur the same was acquired for the purpose of construction of the road. In fact the respondent-authority has treated the land of the petitioner is agricultural land but in fact the land of the petitioner is commercial land and he has filed the representation

Patna High Court CWJC No.12565 of 2023(2) dt.02-07-2024 2/2 before the respondent No.3-District Magistrate-cum-Collector, Muzaffarpur but no action whatsoever taken by the respondent No.3.

3. In view of the aforesaid, writ application is disposed of with the direction to the petitioner to file a fresh representation alongwith all the relevant documents before the respondent No.3, District Magistrate-cum-Collector, Muzaffarpur and the respondent No.3 is directed to consider the case of the petitioner and dispose of the representation by passing an appropriate order in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

4. With the aforesaid direction, this writ application stands disposed of.

(Rajesh Kumar Verma, J) Nitesh/- U