Lal Mohan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3325 of 2025 In Civil Writ Jurisdiction Case No.16611 of 2024 ====================================================== Lal Mohan Singh Son of Late Ram Gahan Singh, Resident of Village Sakari, PS Kudra, District Kaimur, Bhabhua.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Collector, Kaimur at Bhabhua. 2.
Mr. Sunil Kumar, the Collector, Kaimur at Bhabhua. 3.
Mr. Tesh Lal singh, District Land Acquisition Officer, Kaimur at Bhabhua. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Vivek, Adv.
For the Opposite Party/s :
Mr. Government Advocate 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-02-2026 The instant contempt petition is arising out of order dated 29.10.2024 passed in C.W.J.C. No. 16611 of 2024 and it reads as under:- In the instant petition, petitioner has prayed for the following relief(s):- (i) For issuance of an appropriate writ/writs/order/orders/direction/ directions commanding the respondents to direct the respondent No- 3 District Land Acquisition Officer, Kaimur at Bhabhua to pay the enhanced compensation to the petitioner for
2/5 acquisition of his land situated at Mouza- Sakari, Thana No- 659, Old Khata No- 12, Khesra No109, Area-91⁄2 decimals on the basis of amended award dated 03/11/2015 prepared by the District Land Acquisition Officer, Kaimur at Bhabhua arising out of Land Acquisition Case No-19 of 2015-16.
(ii) For issuance of any appropriate writ/writs/order/orders/ direction/directions to which the petitioner is entitled in accordance with law.
2. Learned counsel for the petitioner submits that respondent no. 3 ordered to pay compensation to the petitioner for acquisition of his land situated at Mouza- Sakari, Thana No- 659, Old Khata No- 12, Khesra No- 109, Area-91⁄2 decimals and petitioner has received compensation amount of Rs. 2,74,189/- as mentioned in Annexure-P/2. He further submits that later on, CWJC No. 896 of 2013 was filed for enhancement of award on the basis that acquired land in question was residential land and not agricultural land
3/5 and the said writ petition was disposed of with a direction to appear before the Arbitrator cum Commissioner, Patna.
Thereafter, the Arbitrator cum Commissioner, Patna made enquiry through District Enquiry Committee who submitted report which was accepted treating the land in question as residential plot. Learned counsel for the petitioner submits that petitioner has limited grievance that he made representation before the District Land Acquisition Officer, Kaimur, Bhabua for payment of enhanced compensation amount (Annexure-P/5 series) but no order has been passed by the concerned authority as yet and hence, the petitioner has approached this Court for issuance of direction to the concerned respondent for payment of enhanced compensation amount.
3. Learned counsel for the State submits that petitioner has belatedly sought for payment of enhanced compensation amount. Learned counsel further submits that petitioner may file fresh representation before the concerned authority alongwith supporting documents for getting enhanced amount of compensation and the same shall be considered in accordance with law.
4. Considering the facts and
4/5 circumstances of the case, the present writ petition stands disposed of with liberty to petitioner to raise his grievance before the appropriate authority within a period of five weeks from the date of receipt of this order. If petitioner raises his grievance before the concerned authority, the concerned authority is directed to pass appropriate order on the representation of the petitioner within a period of six months from the date of its filing in accordance with law.
2. During pendency of the present petition, opposite party nos. 2 and 3 complied the orders of this Court belatedly. The opposite party nos. 2 and 3 were required to comply the orders of the Court within six months from the date of petitioner's representation pursuant to the orders of this Court dated 29.10.2024 but some delay has been occurred in compliance of the said direction on account of official formalities.
3. From the aforesaid submission, it is evident that the representation of the petitioner has already been disposed of by the concerned authority, though, there is belated compliance of the direction given by this Court vide order dated 29.10.2024.
4. In the light of the aforesaid facts and circumstances
5/5 of the case and arguments advanced on behalf of the parties, the present contempt petition is disposed of with liberty to petitioner that if he has still any grievance, he may represent his grievance before the appropriate forum.
(Alok Kumar Pandey, J) amitkumar/- U