Md. Nazir Hussain @ Nazir Hussain And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6074 of 2017 ====================================================== 1.

Md. Nazir Hussain @ Nazir Hussain Son of Sattar Ansari, 2.

Md. Sabit Ansari @ Sabir Ansari, Son of Islam Ansari, Both are residents of Mohalla- Bariyarpur, P.O.- Motihari, P.S.- Chhatauni, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Land Acquisition Officer, Motihari, East Champaran. 3.

Deputy Collector Land Reforms, Motihari, East Champaran. 4.

The Circle Officer, Motihari, East Champaran. 5.

Sri Masjid Noor Mohammad Warf State 1628, Resident of VillageBariyarpur, P.S.- Chhatauni, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Raj Kishore Roy- GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-09-2025 No one appears on behalf of the petitioner though State is present.

2. This writ petition has been filed for the following reliefs:- "1. That this is an application for issuance of writ in the nature of certiorari, order or orders, direction or directions, quashing the Award/ order dated 31.1.2017 passed by respondent no.-2 in case No. 37/11-12 directing therein to make payment of Compensation amount of Rs.

54,70,037.00 to respondent no.-5 for the acquired land bearing Khesra no. 281 area 0.0372 Hector

Patna High Court CWJC No.6074 of 2017(3) dt.02-09-2025 2/2 without giving Where opportunity to be heard the petitioners as the petitioners are real of owner of the land and further direction may be given to withhold the Compensation Amount from making payment to respondent no.-5 and if payment is made then direction may be given to recover the amount from Respondent no.-5."

3. The counter affidavit has come on behalf of the Circle Officer, Motihari in which in paragraphs 7 and 8 it has been recorded that it was finalized in favour of 'Masjid Noor Mohammad Wakf Estate' registered under Bihar State Sunni Wakf Board authorized its staff Mr. Arif Kamala Jauhar to receive the payment of the Award which followed the delivery of cheque on 21.01.2017.

4. The counter affidavit was served upon the petitioner on 17.04.2018 and there is no rejoinder to it.

5. Be that as it may, since there is no appearance on behalf of the petitioners, the writ petition is dismissed for nonprosecution. (Rajiv Roy, J) K.C.Jha/- U