Kapil Muni Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12818 of 2018 ====================================================== Kapil Muni Singh Son of Rajbansh Singh Resident of Village - Barej, Police Station - Mohania, District - Kaimur Bhabua.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

The District Magistrate, Kaimur, District - Kaimur. 3.

The District Land Acquisition Officer, Kaimur, District - Kaimur at Bhabua. 4.

The Circle Officer Mohania, District - Kaimur at Bhabua. 5.

Sri Rajbansh Singh Son of Late Sant Prasad Singh 6.

Sri Sanjay Singh Son of Sri Rajbansh Singh Both residents of Village - Barej, Police Station - Mohania, District - Kaimur at Bhabua. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ramchandra Singh For the Respondent State:

Mr.Rishi Raj Sinha- Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2019 The petitioner is seeking quashing of the order dated 28.02.2018 passed in Land Acquisition Case No. 04 of 2016-17 by the Land Acquisition Officer, Kaimur at Bhabhua, whereby he has directed to recover from the petitioner the amount of compensation with interest through the process of certificate proceeding. Respondent No. 5 is the father of the petitioner, whereas respondent No. 6 is his full brother. It is the case of the petitioner that based on a compromise settlement before Lok Adalat, a partition in the family was effected and the land in question fell in his share. The petitioner received the amount of compensation against

Patna High Court CWJC No.12818 of 2018(5) dt.21-06-2019 2/2 acquisition of land in a land acquisition proceeding. Whereafter, the said private respondent raised objection before the Land Acquisition Officer, Kaimur (Bhabhua). The Land Acquisition Officer, Bhabhua, has, vide order dated 28.02.2018, came to a definite conclusion that the petitioner has received amount of compensation against 39 square meter land more than what he was entitled to. After recording the said finding, a certificate case has been directed to be initiated.

In course of argument, learned counsel appearing on behalf of the petitioner laid much emphasis on the award prepared by the competent authority for payment of amount of compensation. The award is not there on record. The pleadings are completely deficient to form any opinion on the merit of the case.

This writ application is accordingly dismissed. (Chakradhari Sharan Singh, J) Pawan/- U