Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14882 of 2023 ====================================================== 1.

Gayatri Devi Wife of Late Siyaram Sah, resident of Village Tola Laxmipur ward no. 10 (new ward no. 6), Sheohar, Police Station Sheohar, DistrictSheohar. 2.

Umesh Sah, son of Late Shankar Sah, resident of Village Tola Laxmipur ward no. 10 (new ward no. 6), Sheohar, Police Station Sheohar, DistrictSheohar. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Sheohar.

3.

The Additional Collector, Sheohar.

4.

The District Land Acquisition Officer, Sheohar. 5.

The Circle Officer, Sheohar.

6.

Yogendra Sah, son of Late Thakur Sah, resident of Village ward no. 10 (new ward no. 5), Sheohar, P.S. Sheohar, District Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-03-2024 Heard learned counsel for the petitioners and the State.

2. The present writ petition has been preferred for the following relief:

"That the petitioners herein prays for the issuance of a writ of mandamus seeking direction to respondent authorities to make payment of compensation amount to the petitioners on account of acquisition of their

Patna High Court CWJC No.14882 of 2023(3) dt.28-03-2024 2/3 lands bearing Khata no. 1363. Khesra no.

5500 & Khata no.320, Khesra no. 5485 situated in thana no. 163 of Sheohar district having residential houses and for further direction restraining the respondent authorities from disturbing the peaceful possession of the petitioners over their houses till such payment of compensation amount and for any other writ/writs, order/orders which the petitioner may found to be entitled in the facts and circumstances of the case."

3. Though, the State has conceded the fact that payment has been made to the wrong person, they are under genuine difficulty that unless the same is returned, cannot be paid to the petitioner. A certificate proceeding is continuing against the respondent No. 6.

4. In that view of the matter, the writ petition stands disposed of with a direction to the petitioner to approach the concerned Certificate Officer with the order of this Court who shall ensure that the certificate case pending before him is disposed of within a period of nine months from today.

Patna High Court CWJC No.14882 of 2023(3) dt.28-03-2024 3/3

5. Regarding other grievance, the petitioner is free to approach the Collector, Sheohar within a period of one month from today who shall dispose of the representation at an earliest. (Rajiv Roy, J) Adnan/- U