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Patna High CourtCWJC/25132/2019disposed

Om Prakash Gupta, v. The State Of Bihar

2019-12-16Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 25132 of 2019 ====================================================== Om Prakash Gupta, aged about 70 years, Gender-Male, Son of Late Ram Prasad Sah, Resident of Manikpur, Pirpainti Bazar, Police Station- Pirpainti, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate, Bhagalpur.

4.

The District Land Acquisition Officer, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlendu Shekher Thakur, Advocate For the State :

Mr. Rakesh Kumar Shrivastava, AC to GP 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-12-2019 Heard learned counsel for the petitioner and learned AC to GP 15 for the State.

2. The petitioner has moved the Court for the following relief:

"That the present writ application is being filed for direction to the concerned respondent for payment of the compensation to the tune of Rs. 3,46,44,855/- (Rupees Three Crore Forty Six Lakh Forty Four Thousand Eight Hundred Fifty Five

Patna High Court CWJC No.25132 of 2019 dt.16-12-2019 2/3 Only), arrived at by the concerned government official, of the acquired lands belonging to the petitioner, which has been acquired by the State Government in connection with the establishment of Pirpainti Thermal Power Project. Notices to receive the aforesaid amount of compensation has been issued by the Collector, Bhagalpur, addressed to the father of the petitioner, who had passed away on 12.01.2012 and the petitioner being the only heir, has not been paid the said amount of compensation for the reason best known to the concerned respondent. The matter relates to Khata no. 518, Khesara No. 1663, part, Mauza-Harinkol, CirclePirpainti, District- Bhagalpur, admeasuring 3.09 Acre."

3. Learned counsel for the petitioner submitted that the matter has also been decided by the Lok Adalat and award prepared in Case No. 92/NLA/Civil & Revenue Cases/ 09.04.2016.

4. Thus, once an award has been prepared by the Lok Adalat, it becomes a decree of the Civil Court in terms of Section 21 of The Legal Services Authorities Act, 1987.

5. In view thereof, the writ petition stands disposed off with liberty to the petitioner to move before the appropriate forum, in accordance with law, for the enforcement/ implementation of

Patna High Court CWJC No.25132 of 2019 dt.16-12-2019 3/3 order dated 09.04.2016 passed in the aforesaid case by the Lok Adalat, Bhagalpur.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T