Musmat Gaytri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16398 of 2024 ====================================================== Musmat Gaytri wife of late Braham Dev Roy, Resident of Village- Sikrona, Police Station- Kadwa, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Road Construction, Government of Bihar, Patna.

2.

The Managing Director of Bihar Rajya Pul Nirman Nigam Limited, 7 Sardar Patel Marg, Patna.

3.

The Collector, Katihar.

4.

The Additional Collector, Katihar.

5.

The District Land Acquisition Officer, Katihar. 6.

Project Engineer, Bihar Rajya Pul Nirman Nigam Limited, Work Division, Katihar.

7.

The Deputy Registrar, Barsoi, Katihar.

8.

The Circle Officer, Kadwa, Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Helal Ahmad, Adv.

For the State :

Mr.Vishwambhar Prasad, AAG-5 For Res. No. 2 to 6 Mr. P.K. Shahi, Sr. Adv. Mr. Manish Dhari Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 28-10-2024 In the instant petition, petitioner has prayed for the following relief(s):-

1. For issuance of a writ in the nature of mandamus/ or any other appropriate writ or writs, order(s) or direction(s) to the respondents to make payment of award/compensation for acquisition land of petitioner appertaining to Khata No. 601, Plot No. 55, Area- 14 decimals, situated at Mouza- Sikrona, Thana No. 294 which has been acquired and used for construction of road and also direct the respondents to ensure payment of

Patna High Court CWJC No.16398 of 2024 dt.28-10-2024 2/3 compensation amount with interest to the petitioner.

2. Learned counsel for the petitioner submits that land of petitioner bearing Khata No. 601, Plot No. 55, Area 14 decimal, situated at Mauza-Sikrona, Thana No. 294 was acquired by the District Land Acquisition Officer, Katihar for construction of bridge and its approach road. He further submits that land in question was not registered and compensation has also not been paid to the petitioner up till now. He further submits that petitioner has submitted an application on 14.10.2023 before the District Magistrate, Katihar for compensation of acquired land of 14 decimal (Annexure-P/5). On 20.10.2023, he has made representation before the Senior Project Engineer, Katihar (Annexure-P/6) and on 08.11.2023 petitioner has made representation before the Land Acquisition Officer, Katihar for payment of compensation but same has not been paid as yet.

3. Learned counsel for the State has submitted that petitioner has not given any receipt of land possession certificate and other relevant material by which land in question has been acquired by the concerned authority is also missing in the representation of the petitioner and hence, representation of the petitioner is totally vague. He further submitted that if the

Patna High Court CWJC No.16398 of 2024 dt.28-10-2024 3/3 petitioner files fresh representation before the concerned authority with the relevant materials, the concerned authority may hear the grievance of the petitioner. He further submits that in view of the aforesaid fact, the present writ petition is not maintainable.

4. Considering the facts and circumstances of the case, the present writ petition stands disposed of with liberty to petitioner to raise his grievance before the appropriate authority/forum within a period of four weeks from the date of receipt of this order. If petitioner raises his grievance before the concerned authority, the concerned authority is directed to hear the grievance of the petitioner and dispose of the same expeditiously.

(Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 30.10.2024.

Transmission Date N.A.