Surya Kuer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18389 of 2019 ====================================================== Surya Kuer W/o Late Bhikhari Tiwary, Resident of Village- Kumhaw, P.O.- More Sarai, P.S. Shivsagar, District-Rohtas at Sasaram, Presently resident at Satyendra Nagar (In the house of Ramadhar Dubey) Block Colony, Aurangabad, P.S.and District-Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Land Reforms and Revenue, Govt. of Bihar, Patna (Bihar).

3.

The District Magistrate, Rohtas (Sasaram).

4.

The Competent Authority Cum the District Land Acquisition Officer, Rohtas at Sasaram.

5.

The Chief General Manager, National Highway Authority of India, New Delhi.

6.

The Project Officer, National Highway II at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2019 Heard both sides.

The petitioner filed this writ petition for direction to the Land Acquisition Authority to dispose of her representation (Annexure 13) within a reasonable time.

It is admitted that the petitioner filed M.J.C. No.788 of 2018 for non-compliance of order passed in L.P.A. No.270 of 2016 and the Division Bench by order dated 17.04.2018 passed in M.J.C. No.788 of 2018 observed as follows:- "Insofar as the additional claims which are sought to be raised, we need not comment on

Patna High Court CWJC No.18389 of 2019(2) dt.06-09-2019 2/2 the merits of any such claims without prejudice to the right of the applicant to raise any such dispute before the appropriate forum in this regard".

On the basis of such observations, the petitioner filed representation (Annexure 13) before the District Land Acquisition Officer-cum-Competent Authority under the Act on 15.06.2019 but the same is still pending. The authority under the Act has to dispose of the representation of the petitioner within a reasonable time in accordance with law. In this view of the fact, I direct the District Land Acquisition Officer-cumCompetent Authority under the Act to dispose of the representation (Annexure 13) of the petitioner filed before him on 15.06.2019 in accordance with law within three months from the date of receipt of this order.

With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U