Vijay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18301 of 2019 ====================================================== Vijay Kumar Sah S/o Late Bhjola Sah, R/o Vill.- Sadhua Chapar, P.s.- Rangra (Gopalpur), Distt.- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

3.

The Collector Bhagalpur, Distt.- Bhagalpur.

4.

The Collector Saharsa, Distt.- Saharsa.

5.

The District and Land Acquisition Officer, Camp-Naugachhia, Distt.- Bhagalpur.

6.

The Special Land Acquisition Officer, Koshi Yojna Saharsa, Distt.- Saharsa 7.

The Additional Collector (Lok Shikayat Niwaran) cum District Lok Shikayat Nivaran Officer, Saharsa, Distt.- Saharsa.

8.

The Anchal Adhikari, Thana Bihpur, Distt.- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pandey For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2019 Heard both sides.

Petitioner filed this writ petition for issuance of a direction to the respondents to pay compensation for acquisition of land of the petitioner.

Learned counsel for the petitioner submits that by Annexure 3 notice under Section 12(2) of the Land Acquisition Act was issued to the father and uncle of the petitioner but the father and the uncle of the petitioner did not appear. The father

Patna High Court CWJC No.18301 of 2019(2) dt.05-09-2019 2/2 of the petitioner died and no amount of compensation was paid to the petitioner for acquisition of his land of R.S. Plot Nos.1927 and 1926 of R.S. Khata No.584.

It appears that the amount of compensation must have been deposited in the treasury after preparation of award and thereafter the notice was issued but the father and the uncle of the petitioner did not appear to receive the amount of compensation.

Having considered the submissions and the facts, I dispose of the writ petition with a direction to the petitioner to file petition before the Land Acquisition Authority, Bhagalpur within three months from today and on such the Land Acquisition Authority shall pass order and if the amount of compensation was not paid to the land holders and the petitioner is entitled to receive the amount of compensation, the authority shall make payment in accordance with law within three months thereafter.

With the aforesaid observation, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U