← Library
Patna High CourtCWJC/14959/2022disposed

Anita Devi Alias Anita Agarwal v. The State Of Bihar

2025-07-07Mr. Justice Alok Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14959 of 2022 ====================================================== Anita Devi alias Anita Agarwal W/o Binod Agarwal Resident of Mohalla - Friends Colony, Saidpur Nahar Road, Behind Lal Narsingh Home, Arya Kumar Road, P.S. - Kadamkuan, District - Patna. ... ... Petitioner

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

The Additional Chief Secretary, Department of Co-operatives, Govt. of Bihar, Patna.

4.

The District Collector, Patna.

5.

The District Land Acquisition Officer, Patna. 6.

Jyoti Sahkari Grih Nirman Samiti Ltd. Langartoli, P.S. - Pirbahore, District - Patna through its Secretary.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sharma, Adv.

Ms. Sangeeta Kumari Singh, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 07-07-2025 Heard the parties.

2. In the present writ petition, petitioner has prayed for the following relief(s):- (i) For issuance of appropriate writ/ writs, order/ orders, Direction/ Directions commanding the Respondents to pay the compensation amount with interest and other consequential benefits as per the prevailing law against her land acquired by the State Government for construction/ widening of road from Malahi Pakari, Kankarbagh, Patna known as 90 feet road to connect N.H. 30 way back in/ about the year 2014, without any notice or without adopting due procedure for such acquisition, which she purchased from the

2/4 Respondent No. 6 on 28.09.1990.

(ii) For any other relief/ reliefs for which the petitioner is entitled under law.

3. Learned counsel for the petitioner has submitted that petitioner purchased a piece of land jointly with Indu Devi, wife of Rajendra Prasad Agarwal through registered deed on 28.08.1990 from respondent no. 6 being Society Plot No. 67 D pertaining to Khata No. 83, Khesra No. 232 and 236, VillagePakri, Ajimabad, P.S. Kankarbagh, Patna, Area being 1100 Sq. Ft. and photocopy of the registered deed dated 28.08.1990 is annexed as Annexure-1 to the petition. Learned counsel has submitted that land in question was acquired by the State Government for construction/ widening of road from Malahi Pakari, Kankarbagh, Patna known as 90 feet road to connect N.H. 30 way but compensation of land in question has not been given to the petitioner till today. Learned counsel further submits that petitioner has represented before various authority and recently he has represented before the District Land Acquisition Officer, Patna which is at page 9 of second supplementary affidavit but up till now grievance of the petitioner has not been redressed and hence, the present writ petition has been filed.

4. Learned counsel on behalf of the State has

3/4 submitted that respondents authority admitted the claim of compensation in favour of the petitioner with reference to the land acquired by the Government of Bihar but some necessary documents have been required to assess the compensation amount in respect of land in question and same has not been given by the petitioner.

5. At this stage, learned counsel for the petitioner has submitted through second supplementary affidavit that he has already furnished all the required documents such as document concerning measurement of land done by Amin, map of society, land possession certificate, sale deed and revenue receipt (annexed as annexure-P/7 series of second supplementary affidavit). Learned counsel further submitted that by way of representation petitioner has submitted all the required documents which is needed for assessment of compensation amount in respect of land in question.

6. Considering the facts and circumstances of the case as well as submissions of the parties, the present writ petition stands disposed of with direction to the concerned authority, specifically respondents no. 4 and 5 to assess the compensation amount of land in question for which necessary documents have already been forwarded to the concerned

4/4 authority and pass appropriate order after giving due opportunity of hearing to the petitioner within six weeks from the date of receipt of the order.

(Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10.07.2025 Transmission Date N.A.