Noor Mohamamd v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17569 of 2023 ====================================================== Noor Mohamamd Son of Mohammad Jahiruddin Resident of VillagePichhada, P.S.-barsoi, District-Katihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary Land and Revenue Govt. of Bihar, Patna.
2.
The Principal Secretary Land and Revenue Department, Government of Bihar, Patna.
3.
The Director Land Acquisition, Bihar, Patna.
4.
The General Manager, N.F. Railway, Maligaon. T.N. Tower, 114, Maha Purush Damodardev Path, Maligaon Gate No.4, Maligaon, Guwahati, Assam, 781010.
5.
The Divisional Railway Manager N.F. Railway Katihar. 6.
The District Magistrate Cum Collector, Katihar. 7.
The Land Acquisition Officer, Katihar.
8.
The Circle Officer, Barsoi, Katihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Respondent/s :
Md. Khurshid Alam ( AAG12 ) Mr. Asif Kalim, AC to AAG-12 Mr. Radhika Raman, Sr. CGC Mr. Ram Tujabh Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2025 1.
Heard learned counsel for the petitioner, learned AC to AAG-12, Mr. Asif Kalim and the learned counsel appearing on behalf of the Railways.
2.
The learned counsel appearing on behalf of the petitioner submits that the land of the petitioner pertaining to Khata No. 523, Khesra Nos. 337, 338, 339, 316, 315, 317, 314, 313, 330, 331, 329, 334, 333, 335, 336, and 340, Area 13 acres
Patna High Court CWJC No.17569 of 2023(2) dt.04-02-2025 2/3 60 decimals at Mauja-Raghunathpur, Thana No. 671, DistrictKatihar was acquired for the purposes of construction of railway station, but compensation has not been paid.
3.
The learned counsel appearing on behalf of the State and the Railways submits that from perusal of the pleadings made in the writ application, it would manifest that the same does not plead the date on which the land was acquired for the aforesaid purpose, on which the learned counsel for the petitioner submits that petitioner was not even aware that land has been acquired, but when the authorities of the Railways fixed I.R pillars over the land, then he came to know that the land has been acquired, accordingly he filed an application before the authority of the N.F. Railways, Katihar, for redressal of his grievance, on which the learned counsel appearing on behalf of the Railways submits that though it has been pleaded that petitioner has represented his case before the authority competent for redressal of his grievance, but then the representation has not been annexed, on which the learned counsel appearing on behalf of the petitioner submits that inadvertently the representation could not be annexed, though a specific pleading has been made.
4.
At this stage, the learned counsel appearing on
Patna High Court CWJC No.17569 of 2023(2) dt.04-02-2025 3/3 behalf of the Railways submits that the writ application can be disposed of with a direction to the petitioner to file a fresh representation before the authority competent seeking redressal of his grievance, as raised in the instant writ application, on which the learned counsel appearing on behalf of the petitioner submits that a fresh representation would be filed before the authority competent of the Railways on or before 24-2-2025. 5.
After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file a fresh representation before the authority competent of the N.F Railways at Katihar on or before 24-2-2025, if any application is filed by the petitioner on or before 24-2-2025, in that event the authority competent of the N.F Railways Katihar shall dispose of the same in accordance with law within a period of four months thereafter.
(Satyavrat Verma, J) SUMIT/- U