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Patna High CourtMJC/3568/2016disposed

Binod Kumar, v. The State Of Bihar

2019-07-24Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3568 of 2016 In Civil Writ Jurisdiction Case No.2432 of 2014 ====================================================== 1.

Binod Kumar, Son of Girja Bhagat, resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna.

2.

Jogendra Bhagat @ Jogendra Kumar, Son of Girja Bhagat, resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna. 3.

Shailendra Kumar @ Shailendra Bhagat Son of Girja Bhagat. resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna. 4.

Sukhdeo Bhagat S/of Late Ram Autar Bhagat, resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna.

5.

Krishna Bhagat, Son Of Late Jagarnath Bhagat, resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna.

6.

Girja Bhagat, Son of Late Jaglal Bhagat resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna.

7.

Nepali Bhagat, Son of Late Jaglal Bhagat resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna.

8.

Jagdish Bhagat Son of Late Jaglal Bhagat resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna.

9.

Ran Vijay Kumar Son of Late Bhagwan Bhagat resident of Village- Bairia, Ramachak, P.S.- Gopalpur, District- Patna.

10.

Binay Kumar Son Of Late Bhagwan Bhagat Resident Of Village- Bairia, Ramachak, Police Station- Gopalpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. Sanjay Agarwal, The District Magistrate, Patna. 3.

Mr. Subodh Kumar, The District Land Acquisition Officer, Patna. 4.

Mr. Nand Kishore Nirala, The Circle Officer, Sampatchak, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Sinha For the Opposite Party/s :

Mr.Md. Khurshid Alam AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-07-2019 Heard learned counsel for the parties.

In the Cadastral Survey, the name of Chamru Mali

Patna High Court MJC No.3568 of 2016(9) dt.24-07-2019 2/2 is appearing as a tenant of the land but, the compensation has been given to the third party as has been submitted that on the basis of sale deed, land possession certificate as well as the rent receipt, all were issued in their favour, when the objection has been raised with regard to grant of compensation, all the identical matter has been referred to the Court of Land Acquisition Rehabilitation and Resettlement Authority, Patna (LARA) for deciding the title of the parties. In the present proceeding, this Court cannot decide the respective title of all the parties.

This contempt petition is, accordingly, disposed of with a liberty to the petitioner to go and participate in the proceeding pending before the LARA and the entitlement of the amount will be dependent on the final outcome of the judgment of the LARA.

(Shivaji Pandey, J) rishi/- U