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Patna High CourtCWJC/20987/2013dismissed

Vinod Kumar And ANR v. The State Of Bihar And ORS

2015-12-16Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20987 of 2013 ======================================================

1. Vinod Kumar, S/O Late Raja Ram Singh

2. Suhagan Devi, W/O Late Raja Ram Singh Both Resident Of Sabalpur, P.S.- Didarganj, Dist.- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Represented through Chief Secretary Govt. Of Bihar, Old Secretariat Building, Patna

2. District Land Acquisition Officer District Land Acquisition Office, Acquisition Branch Collectorate, Patna Sadar, Patna

3. Ist Appellate Authority-Cum-Add. Collector, Patna (District Revenue Branch) Vikash Bhavan 3rd Floor, Patna Secretariate, Patna- 800001

4. Circle Officer, Patna Sadar, Patna Near Gandhi Maidan Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao For the Respondent/s : Mr. Krishna Chandra, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-12-2015 The petitioners have filed the present writ petition raising a grievance that, though they have been paid compensation for certain area of lands acquired by the State of Bihar and its functionaries under the provisions of The National Highways Act, 1956, but they have not been paid compensation for certain other area of lands admeasuring 10.5 decimals.

A counter affidavit has been filed on behalf of the respondent no.2, wherein the claim raised on behalf of the petitioners has been controverted specifically in paragraph 8 of the counter affidavit and it has been asserted that the aforesaid 10.5 decimals of land has not been acquired by the respondents. In view of the fact that the claim raised on behalf of the petitioners is based on disputed questions of facts, no relief can be granted in the present proceeding filed under Article 226 of the Constitution of India. Accordingly, the present writ petition is

Patna High Court CWJC No.20987 of 2013 (2) dt.16-12-2015 dismissed.

However, the petitioners, if so advised, shall be at liberty to approach any other appropriate forum/court for grant of appropriate relief(s) for redressal of their valid grievances. (Birendra Prasad Verma, J) Arvind/- U