M/S Jagdeep Developers Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16527 of 2019 ====================================================== M/s Jagdeep Developers Pvt. Ltd. through its Managing Director Jagdeep Prasad Verma, Male, aged about 68 about 68 years, S/o Late Jawahar lal Mahto, Resident of Village- Govinda Complex, Govind Mitra Road, P.o.- Bankipur, P.s.- Pirbahore, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Old Secretariat, Bailey Road, Pana 2.

The Principal Secretary Revenue and Land Reform Department, Old Secretariat, Bailey Road, Patna 3.

The District Magistrate Patna 4.

The Land Acquisition Officer Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Verma For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the parties.

Following is the relief, which the petitioner is seeking in the present writ application :

"That, the present writ application is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus, for commanding and directing the respondents authorities to pay to the petitioner compensation as per existing market rate against acquisition of his land appertaining to Mohalla-Chauhatta, Pirbahore, Mauza-Muharrampur, Distt-Patna Ward No. 30 (previous ward no.9),

Patna High Court CWJC No.16527 of 2019(2) dt.14-08-2019 2/2 sheet no. 81, 82, 85 and 86 under P.S.

Patna City and its municipal survey plot no. 577 (part), 1342(part), 1345(part), 1346 and 1347 total area 1.099 acre for the use of people in general. And for the other necessary relief/reliefs for which the petitioner is entitled to in accordance with law."

The land acquisition proceeding was admittedly initiated with the issuance of gazette notification for acquisition of land on 16.06.2010. It is the case of the petitioner that the land was purchased by him in the year 2006 itself. There is absolutely no averment in the writ petition as to whether he stakes his claim for compensation in course of the land acquisition proceeding. In such circumstance, no relief, which the petitioner is seeking, can be granted. Petitioner shall, however, be at liberty to establish his claim for compensation before appropriate forum if such claim is found to be legally maintainable.

This application is accordingly disposed of.

(Chakradhari Sharan Singh, J) Rajesh/- U