Raj Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14595 of 2023 ====================================================== 1.

Raj Kumar Bhagat Son of Late Deep Narayan Bhagat, Resident of MohallaDigha Ghat, Patna-11, Police Station-Dhgha, District-Patna. 2.

Sri Kant Sharma, son of Late Daroga Sharma, Resident of Mohalla-Ramji Chak, Digha, Police Station-Digha, District-Patna. 3.

Sushila Devi, Wife of Late Jagdish Mahto, Resident of Mohalla-Digha Ghat, Police Station-Dhgha, District-Patna.

4.

Ramdulari Devi, Wife of Late Dasrath Mahto, Resident of Mohalla-Digha Ghat, Police Station-Dhgha, District-Patna.

5.

Lallu Lal, Son of Late Chitu Mahto, Resident of Mohalla-Digha Ghat, Police Station-Dhgha, District-Patna.

6.

Pappu Mahto, son of Late Dhanpat Mahto, Resident of Mohalla-Digha Ghat, Police Station-Dhgha, District-Patna.

7.

Saryug Prasad, son of Late Runa Mahto, Resident of Mohalla-Digha Ghat, Police Station-Dhgha, District-Patna.

8.

Anil Kumar, son of Late Ssheo Kumar, Resident of Mohalla-Digha Ghat, Police Station-Dhgha, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Urban Development and Housing Development, Bihar, Patna.

3.

The Principal Secretary, Revenue and Land Reforms, State of Bihar, Patna. 4.

The Managing Director, Housing Board, Bihar, Patna. 5.

The Chairman, Housing Board, Bihar, Patna.

6.

The District Magistrate-cum-Collector of the District Patna. 7.

The Land Acquisition Officer, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate For the Respondent/s :

Mr. Subhash Pd. Singh, GA 3 For the Respondent No. 4 &5 : Mr. Jitendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-03-2024 Heard learned counsels for the petitioners, Housing Board and the learned counsel for the State.

Patna High Court CWJC No.14595 of 2023(2) dt.28-03-2024 2/3

2. The petitioners, by way of this writ petition, have prayed for following reliefs:- (i) to issue rule in the nature of mandamus commanding the Respondents to enforce the order dated 06.01.2020 Passed by a bench of this Hon'ble Court presided over by Hon'ble Chief justice sitting with Hon'ble Mr. Justice Dr. Anil Kumar Upadhyay in C.W.J.C. No. 17769 of 2018 by which a direction was given to the writ petitioner to approach the authority for payment of acquisition amount of land of farmers of Digha, whose lands had been acquired but no payment has been made in connection with a proceeding initiated under Bihar Land Encroachment Act, 1894 in the year 1974;

(ii) To command the Respondents to make payment, as per rate of the Government Circular issued by Revenue and Land Reforms department vide Memo No.

283 dated 26.02.2014, whereby and where under a direction has been given to all Divisional Commissioner and all Collectors of District regarding payment four time more on acquired land if not said as per the said Circular/letter of the State Government.

3. After some arguments, learned counsel for the

Patna High Court CWJC No.14595 of 2023(2) dt.28-03-2024 3/3 petitioners submit that the petitioners will be individually approaching the respondent nos. 4 and 6, namely, the Managing Director and the District Magistrate, Patna for the redressal of their grievance.

4. If the petitioners individually approach the concerned authority, the same shall be taken to its logical conclusion within a period of one year.

5. Accordingly, the writ petition stands disposed of. (Rajiv Roy, J) Suraj/Jagdish/- U