Dhanauti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1101 of 2019 ====================================================== Dhanauti Devi ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Verma For the Respondent/s :

Mr. Rishi Raj Sinha -SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-01-2019 The petitioner claims that she is widow of Chaturi Chaudhary, son of the recorded tenant of a piece of land, Amrit Mallah, which has been acquired under the Land Acquisition Act, 1894.

The petitioner is seeking direction to the respondents to pay her compensation against acquisition of land for installation of thermal power in the district of Aurangabad. The petitioner claims that the land in question was recorded in the name of one Amrit Mallah, who died leaving behind his one son and two daughters. The petitioner claims that she is the wife of the only son of said Amrit Mallah and in that capacity, she is entitled for her share of compensation amount. She is said to have filed an application before the District Land Acquisition Officer, Aurangabad for the first time, on 15.07.2018. It is

Patna High Court CWJC No.1101 of 2019(2) dt.15-01-2019 2/2 evident from the pleadings in the writ application that the land in question was acquired in the year 2009 itself and the award was also made in 2009 in favour of the said two daughters of Amrit Mallah.

I do not find any justifiable application available in the writ application for delay of nearly ten years in filing the present writ application after the award was made. This application is accordingly dismissed on the ground of delay and laches.

(Chakradhari Sharan Singh, J.) ragini/- U √