Yashwant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1383 of 2024 ====================================================== Yashwant Singh Son of Late Ram Nageshwar Prasad Singh, Resident of Village- Mahammudpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Patna. 2.

The District Magistrate, Patna.

3.

The District Land Acquisition Officer, District- Patna. 4.

The Certificate Officer-cum-Additional District Magistrate, Patna. 5.

Arjun Prasad, Son of Late Harekrishna Yadav, Resident of VillageMahammudpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilesh Kumar Pandey, Advocate For the Respondent/s :

Mr. Standing Counsel (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2024 Heard the parties.

2. The present petition has been preferred for the following reliefs:- (i) for quashing of the demand notice dated 07.05.2022 contained in Notice No. 1050 (Annexure - 2) of the respondent District Land Acquisition Officer, Patna whereby the petitioner has been directed to return/deposit Rs. 13,69,670/- which was given as compensation to the petitioner with respect to the land bearing Khata No. 370, Khesra No. 924 measuring 0.12 acre under the

Patna High Court CWJC No.1383 of 2024(2) dt.09-05-2024 2/3 Right to Fair Compensation and Transparency Rehabilitation and Resettlement Act, 2013;

(ii) for a direction to the respondents to return the entire amount of Rs. 13,69,670/- to the petitioner which has been deposited by the petitioner in Certificate Case No. 01/2022-23 under duress, undue pressure and under protest in order to save his prestige and image in the society; (iii) for appropriate declaration that :- a. Impugned demand notice dated 07.05.2022 is without jurisdiction, illegal and not sustainable either on facts or on law.

b. Once the award has been passed after fullfledged enquiry and the amount of compensation has been given to the petitioner, the respondents have no authority to review the award in absence of any statute and direct the petitioner to return the compensation amount.

c. The impugned demand notice is violative of principles of natural justice and fair play.

3. The Collector, Patna issued notice no. 1050 dated

Patna High Court CWJC No.1383 of 2024(2) dt.09-05-2024 3/3 07.05.2022 (Annexure-P/2 to the petition) detailing out the reason for a direction upon the petitioner to return the amount so paid relating to a piece of land (Mauza-Madhopur, Thana No.- 138, Khata No.-370, Khesra No.-924, Area-0.12 acres).

4. Learned Counsel for the petitioner submits that he has returned the amount along with objection and will be pursuing alternate remedy/representing appropriate authority to convince them that the land belongs to him.

5. This Court refrains from making any comment in view of the facts that is part of the record.

6. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Neha/- U