Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17218 of 2019 ====================================================== 1.

Meena Devi, Aged about 65 years, Female, W/o Nand Kishore Singh, R/o Village Chahunta, P.S. Katra, District Muzaffarpur. 2.

Maksudan Singh, Aged about 73 years, Male, Son of Ramchandra Singh, R/o Village Chahunta, P.S. Katra, District Muzaffarpur. 3.

Satrudhan Singh, Aged about 60 years, Male, Son of Ramchandra Singh, R/o Village Chahunta, P.S. Katra, District Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Acquisition and Rehabilitation, Bihar, Patna 2.

The Principal Secretary, Department of Water Resources, Bihar, Patna 3.

The Joint Secretary cum Director, Department of Land Acquisition and Rehabilitation, Water Resources Department, Bihar, Patna 4.

The District Magistrate, Muzaffarpur 5.

The Special Land Acquisition Officer, Gandak Project, Muzaffarpur 6.

The Executive Engineer, Baghmati Division Gandak Project, Runisaidpur, District-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Murari Narain Chaudhary, Advocate Mr. Vijay Kumar, Advocate Mr. Aniket Kumar, Advocate For the State :

Mr. Rewti Kant Raman, AC to SC11 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-08-2019 Heard Mr. Murari Narain Chaudhary, the learned counsel appearing on behalf of the petitioners and the learned counsel for the State.

The petitioners being aggrieved by the notice as contained in Annexure-1 filed this writ petition by which the Special Land Acquisition Officer, Gandak Project, Muzaffarpur directed the petitioners to deposit the amount of compensation illegally

Patna High Court CWJC No.17218 of 2019(2) dt.22-08-2019 2/2 withdrawn by them within two weeks.

Learned counsel for the petitioners submits that the petitioners after having received the notice as contained in Annexure1 filed objection on 21.06.2019 before the competent authority, Special Land Acquisition Officer, Gandak Project, Muzaffarpur but the same has not been disposed of. It is submitted that the petitioners received compensation for acquisition of their lands in accordance with law in the year 2009. The notice does not disclose any fact showing illegal withdrawal of compensation amount but it appears that a simple notice was issued to the petitioners for deposit of the amount of compensation said to have been illegally taken by the petitioners.

Having considered the facts, I dispose of the writ petition with a direction to the Special Land Acquisition Officer, Gandak Project, Muzaffarpur to dispose of the representation of the petitioners and only then proceed further for realization of the amount if it is found that the petitioners had illegally withdrawn the compensation amount for acquisition of their lands by misrepresenting any fact.

Consequently this writ petition stands disposed of. (Prabhat Kumar Jha, J) S.KUMAR/- U