Satyendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18164 of 2022 ====================================================== Satyendra Singh son of Late Kameshwar Singh, resident of Ward No. 7, Hathidah Bujurg, Police Station - Hathidah, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.
2.
The Collector, Patna.
3.
The Senior Superintendent of Police, Patna.
4.
The District Land Acquisition Officer, Patna. 5.
The Additional Collector (Revenue), Patna.
6.
The Deputy Collector, Land Reforms, Barh, District- Patna. 7.
The Circle Officer, Mokama, District- Patna.
8.
The Officer-in- Charge, Hathidah Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhu Prasun, Advocate For the Respondent/s :
Mr. Asif Kalim, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2024
1. Heard leaned counsel for the petitioner and learned AC to AAG-12 for the State.
2. Learned counsel for the petitioner submits that the land pertaining to Khata No. 388, Khesra No. 317, Area 1 acre 41 decimal at Mauza Dariyapur, Thana No. 23, District Patna is the raiyati land of the petitioner. It is further submitted that various reliefs have been claimed for in the instant writ application but then petitioner is only pressing relief no. 2(iii) and, as such, does not press the other reliefs.
3. Learned counsel for the petitioner next submits that
Patna High Court CWJC No.18164 of 2022(2) dt.09-12-2024 2/3 out of 1 acre 41 decimal, the authorities acquired 90 decimal of land pertaining to Khata No. 388, Khesra No. 317 for the purposes of constructing Hathidah Police Station Building. Learned counsel submits that though on papers, the land acquired by the authorities is 90 decimal but then the authorities have fenced the entire 111 decimal of the land pertaining to the aforesaid plot i.e. Khesra No. 317. It is also submitted that till date petitioner has not been given the compensation of the land in terms of the Land Acquisition Act, 2013.
4. Learned counsel appearing on behalf of the State submits that from perusal of the pleadings made in the writ petition, it would manifest that though it has been pleaded that land of the petitioner has been taken by the authorities for constructing the aforesaid police station but then no documentary evidence has been brought on record to show that the land of the petitioner has been acquired for the said purpose on which learned counsel appearing on behalf of the petitioner submits that he has photograph with him which shows that construction has started over his land without compensating him on which learned State Counsel submits that the petitioner in that event should file a representation before the District Land Acquisition Officer, Patna for seeking compensation if the land
Patna High Court CWJC No.18164 of 2022(2) dt.09-12-2024 3/3 of the petitioner is being utilized.
5. After hearing the learned counsel for the parties and after taking into consideration the submissions made by the learned State Counsel, the writ petition is disposed of with a direction to the petitioner to file a representation before the District Land Acquisition Officer, Patna giving the details of the land acquired for construction of Hathidah Police Station Building for the purposes of seeking compensation in the event if any representation on behalf of the petitioner is filed within a period of four weeks from today, the District Land Acquisition Officer, Patna shall dispose of the same in accordance with law within a period of two months thereafter.
6. Interlocutory Application(s), if any, stands disposed of.
7. It is made clear that the Court has not gone into the merits of the case.
(Satyavrat Verma, J) Kundan/- U