Nandlal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14726 of 2024 ====================================================== 1.

Nandlal Rai Son of Late Ruplal Rai, resident of Village-Hettanpur, PostHettanpur, P.S.-Patori, Distt-Samastipur. 2.

Raj Kishore Rai, Son of Garvdeo Rai, resident of Village-Hettanpur, PostHettanpur, P.S.-Patori, Distt-Samastipur. 3.

Mintu Kumar, son of Sri Motilal Rail, resident of Village-Hettanpur, PostHettanpur, P.S.-Patori, Distt-Samastipur. 4.

Pankaj Kumar, son of Late Ramashrya Rai, resident of Village-Hettanpur, Post-Hettanpur, P.S.-Patori, Distt-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The Addl. Chief Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

District Magistrate, Samastipur.

4.

District Land Acquisition Officer, Samastipur. 5.

Sub Divisional Officer, Patori, Samastipur.

6.

Circle Officer, Patori.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjai Kumar Singh, Advocate For the Respondent/s :

Mr. Deepak Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL JUDGMENT Date : 24-09-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. Following relief(s) have been prayed for in paragraph no. 1 of the present writ application:

"I.I. For Commanding and Directing the Respondents, to exclude the land of Petitioners

Patna High Court CWJC No.14726 of 2024 dt.24-09-2024 2/3 from the proceeding of Land Acquisition Case No. 44 of/2013-14 and 02/2012-13, which has been acquired by the, without any notice and opportunity of hearing to Petitioners.

I.II. For Commanding and Directing Respondents to consider the request of Petitioners, that they are land less farmers, having no other land as source of livelihood as well as for maintaining their cattle.

I.III. For directing the Respondents, to inquire into the facts that, most of the person who have been selected by the government for rehabilitation have already constructed their own house after purchasing the land in adjoining areas.

I.IV. For staying the operation of Memo No.

758 dt. 12.08.2022, Memo No. 756 dt.

12.08.2022, and Memo No. 757 dt. 12.08.2022 issued under signature of District Land Acquisiton Officer, Samastipur, till final disposal of this application, whereby he has instructed the Petitioners to produce the documents and to receive the amount of compensation, for acquisition of their respective land failing which the same shall be deposited in Tribunal.

I.V. For any other relief(s) for which Petitioners are found entitled in the eye of law during the course of hearing of this case."

3. At the outset, learned counsel for the petitioner has confined his prayer only to the extent of disposal of representation dated 25.07.2024 (Annexure P-3 series) which is pending consideration before District Magistrate, Samastipur

Patna High Court CWJC No.14726 of 2024 dt.24-09-2024 3/3 within a time frame.

4. Learned counsel for the State raised no objection to the prayer made by the learned counsel for the petitioner for disposal of representation dated 25.07.2024.

5. Considering the aforesaid facts and circumstances, the District Magistrate, Samastipur (Respondent No.3) is directed to consider the representation dated 25.07.2024 (Annexure P-3 series) and dispose of the same after perusing the documents filed on behalf of the petitioners and pass reasoned and speaking order in accordance with law within a period of two months from the date of receipt/production of a copy of this order.

6. With the aforesaid observation/direction, the present writ application stands disposed of.

(Rudra Prakash Mishra, J) Rajorshi/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.09.2024 Transmission Date N/A