Patna High CourtCWJC/21834/2014disposed

Ram Dahin Rai v. The State Of Bihar And ORS

2017-10-12Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21834 of 2014 =========================================================== Ram Dahin Rai, son of Late Ramjee Rai, resident of Village +P.O.- Lawapur Mahnar, P.S.- Mahnar, District- Vaishali .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3. The Principal Secretary, Disaster Management Department, Government of Bihar, Patna.

4. The Commissioner, Tirhut Division, Muzaffarpur.

5. The Executive Engineer, Rural Works Department, Work Division, Hajipur, Vaishali.

6. The Circle Officer, Mahnar Circle, Mahnar, Vaishali. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rakesh Narayan Singh, Advocate For the Respondents : Mr. Vishambhar Prasad, AC to AAG V =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 12-10-2017 Heard learned counsel for the petitioner as well as learned counsel for the State.

2. The present writ petition has been filed for a direction to the respondents to make payment of compensation amount in accordance with New Land Acquisition Act (Right to Fair Compensation Act, 2013) for the land of the petitioner situated in Khata No. 414, plot no. 663/1847, measuring an area of 6 decimal.

3. Learned counsel for the petitioner submits that without considering the objection filed by the petitioner, the respondents started making construction of road upon the raiyati land of the petitioner. The petitioner has filed representation dated 30.09.2014

Patna High Court CWJC No.21834 of 2014 dt.12-10-2017 2/2 before the Collector, Vaishali at Hajipur in respect of the land bearing Khata No. 414, plot no. 663/1847 measuring an area of 6 decimal.

4. Learned counsel for the respondents appears and has been heard.

5. Having regard to the nature of the prayer of the petitioner, the writ petition is disposed of with a direction to the Collector, Vaishali at Hajipur to consider and dispose of the petitioner's representation dated 30.09.2014 (Annexure-2), if still pending, on its own merit and in accordance with law after grant of opportunity of hearing to the petitioner, expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) B.T/Ibrar AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14.10.2017 Transmission Date N.A.