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Patna High CourtCWJC/22628/2019disposed

Md. Shakil v. The State Of Bihar

2019-11-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22628 of 2019 ====================================================== 1.

Md. Shakil s/o Md. Kamruddin, Resident of Village- Pirpainti Bazar, P.s.- Pirpainti, Distt.- Bhagalpur 2.

Md. Manni S/o S.K. Riyashat, Resident of Village- Pirpainti Bazar, P.s.- Pirpainti, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The District Magistrate-cum-Collector, Bhagalpur 3.

The District Land Acquisition Officer, Bhagalpur 4.

Sheikh Karu S/o Sheikh Junab, Resident of Village- Pirpainti Bazar, P.s.- Pirpainti, Distt.- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Sharma, Adv.

Mr.Dhirendra Nath Jha, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-11-2019 Heard both sides.

Admittedly the land of khesra no.1651 of khata no.19 area 0.61 decimal situated in village Harinkol, P.S. Pirpainti, District Bhagalpur has been acquired for Pirpainti Thermal Power Project. The petitioner filed petition on 04.10.2019 before the Land Acquisition Authority that there is a dispute with regard to title of the land acquired in the year 2011-12. A title suit is also pending between the petitioner and others but the Land Acquisition Authority has already paid substantial amount of compensation to respondent no.4, who is also a party

Patna High Court CWJC No.22628 of 2019(2) dt.19-11-2019 2/2 in the title suit. It appears that the land was acquired in the year 2011-12 but the petitioner, who claims himself to be the owner of the land, filed petition before the Land Acquisition Authority on 04.10.2019.

In this view of the fact, I direct the Land Acquisition Authority to dispose of the petition of the petitioner in accordance with law after hearing the petitioner and only make payment of remaining compensation amount to respondent no.4 after disposal of the petition filed by the petitioner within three months from the date of receipt of this order. With the aforesaid observation, this writ petition is disposed of.

(Prabhat Kumar Jha, J) Harish/- U