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Patna High CourtCWJC/18702/2019disposed

Dharmshila Devi v. The State Of Bihar

2019-09-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18702 of 2019 ====================================================== Dharmshila Devi, Aged about 51 years, Female, Wife of Lalan Rai @ Lalan Kumar, Resident of Village Goriyara, P.O. Chamrua, P.S. Marwan, District Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Vaishali at Hajipur.

3.

The District Land Acquisition Officer, Vaishali, at Hajipur Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2019 Heard both sides.

Learned counsel for the petitioner submits that the land standing in the name of Panchhi Lal Rai was acquired for Hajipur-Sugauli railway track. Panchhi Lal Rai died leaving behind two sons, namely, Mahesh Rai and Ramesh Rai and five daughters. Mahesh Rai and Ramesh Rai received the entire amount of compensation concealing the fact that Panchhi Lal Rai got five daughters and they were not paid any amount of compensation. Admittedly Mahesh Rai and Ramesh Rai, the sons of Panchhi Lal Rai, received the amount of compensation for the lands standing in the name of late Panchhi Lal Rai. The petitioner filed representation before the District Land Acquisition Officer, Hajipur but the same has not been disposed

Patna High Court CWJC No.18702 of 2019(2) dt.11-09-2019 2/2 of.

It appears that the land was acquired many years ago and the amount of compensation was also paid to the sons of late Panchhi Lal Rai. If the petitioner has got any grievance for acquisition and for grant of compensation, the petitioner may present a petition before the competent authority for apportionment of the compensation amount and on such the competent authority under the Indian Railways Act shall send the petition of the petitioner before the principal civil court for deciding the issue as to who are entitled to get compensation. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U