Taposh Kumar Tagore @ Tapash Tagore @ Tapas Tagor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.873 of 2025 ====================================================== Taposh Kumar Tagore @ Tapash Tagore @ Tapas Tagor S/o- Late Dilip Kumar Tagore R/o Ward No.- 10, Parsauni Tola, Refugee Tola, Bhainsalotan, P.S.- Valmikinagar, District- West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The District Magistrate cum Collector, West Champaran at Bettiah. 4.
The District Land Acquisition Officer, West Champaran at Bettiah. 5.
The Sub Divisional Officer, Bagaha, West Champaran. 6.
The Circle Officer, Bagaha- 2, District- West Champaran. 7.
The Commandant, 21st Battalion, SSB Camp at Bhedihari, Valmikinagar, District- West Champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the State :
Mr. Raghwanand (GA-11) Mr. Sanjay Kumar Tiwari (AC to GA-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-01-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.
2. The present writ petition has been filed for the following relief/s:- "I. For directing the respondents to make payment of adequate compensation amount along with the reasonable interest to the petitioner against the acquisition of his land bearing Khata No.2, Plot No.18/2
2/4 measuring 80 decimals, MauzaBalgangawa, Thana No.12, Anchal Bagaha 2, District- West Champaran which has been acquired in the year 2003 for the purpose of construction of Post of SSB 21st Battalion.
II. For taking steps against the erring authorities who are responsible for withholding the compensation amount against the petitioner's acquired land bearing Khata No.2, Plot No.18/2 measuring 80 decimals, MauzaBalgangawa, Thana No.12, Anchal Bagaha 2, District- West Champaran which has been acquired in the year 2003 for the purpose of construction of Post of SSB 21st Battalion."
3. Learned Counsel for the petitioner submits that petitioner is the bona-fide owner having valid and legal right and title of the land bearing Khata No.2, Plot No.18/2 measuring 80 decimals, Mauza-Balgangawa, Thana No.12, Anchal Bagaha 2, District- West Champaran and the Jamabandi No.21 for the said land (with respect to total 2 Acres, 52 decimals land) is running in the name of petitioner's father, out of which 80 decimals of land was acquired for construction of Post of SSB 21st Battalion in the year 2003. Counsel further
3/4 submits that for grant of compensation, petitioner has filed representations on 27.05.2024 and 31.07.2024 before the District Magistrate cum Collector, West Champaran at Bettiah and District Land Acquisition Officer, West Champaran at Bettiah (Respondent nos.3 and 4), but no order has been passed on these representations.
4. Learned Counsel for the State submits that in the present writ petition, document of title has not been attached.
5. It transpires to this Court that documents relating to acquisition has also not been attached save and except, pleading is there. Upon perusal of the records, it also transpires that brother of petitioner's father had also filed representation dated 26.04.2012 before the District Magistrate cum Collector, West Champaran at Bettiah (Respondent nos.3).
6. In the present facts and circumstances of this case, this writ petition is hereby disposed off directing the petitioner to produce all the documents relating to title along with the pleadings made in the writ petition and place this matter before the District Magistrate cum Collector, West Champaran at Bettiah (Respondent nos.3) who shall pass a reasoned and speaking order on the representation filed by the petitioner within 90 days from the date of receipt of the petitioner's
4/4 representation.
7. It is made clear that this Court has not applied its mind on the merits or demerits of this case and instruct the Collector to look into all the documents and then pass a reasoned and speaking order indicating that whether petitioner is owner of the land and if, his land has been acquired then under what circumstances the compensation amount has not been ascertained against him.
(Dr. Anshuman, J) Divyansh/- U