Diwesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25501 of 2013 ======================================================

1. Diwesh Kumar S/O Late Chandramauleshwar Pandey R/O Village Naya Tola, Fatahpur, Ward No. 06, P.S.- Sheohar, Dist. Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar

2. The District Magistrate, Sheohar

3. The Additional Collector, Sheohar

4. The Circle Officer, Sheohar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-07-2016 No one appears on behalf of the respondents-State. Heard the counsel for the petitioner.

As prayed, the petitioner is permitted to make correction in the address of the petitioner at page 1 of the writ application in course of the day.

No counter affidavit on behalf of the State is filed. In substance, the grievance of the petitioner is that the respondents-State while constructing the road under the Pradhan Mantri Gram Sadak Yojna, utilized the land of the petitioner through the executing agent for digging soil to provide adequate height of the road. The petitioner obviously suffered damage to his land. He claims compensation therefor. In this connection, he has relied on Annexure-6, which is a communication dated

Patna High Court CWJC No.25501 of 2013 (2) dt.19-07-2016 2/2 17.08.2013 issued by the Circle Officer, Sheohar addressed to the Additional Collector, Sheohar.

From the pleadings on record including the aforesaid communication, it appears, the matter is pending consideration before the respondent-Additional Collector, in respect of the claim of the petitioner for payment of compensation for the damage of the land suffered by the petitioner. In the facts and circumstances, the writ application is disposed of permitting the petitioner to file an application/representation before the respondent Additional Collector for the relief prayed in the writ application. If any such application is filed, I am sure, the concerned respondent will call for the relevant details and consider the claim of the petitioner for payment of compensation for the damage of the land suffered by him in accordance with law as quickly as possible preferably within two months from such filing of representation alongwith copy of the order.

(Kishore Kumar Mandal, J) rohit/- U