Arvind Kumar vs The State Of Bihar
2023 Latest Caselaw 779 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.21978 of 2018
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1. Arvind Kumar, Son of Late Gursahay Singh, Resident of Village- Akbarpur, P.S.- Asthawan, District- Nalanda

2. Shashikant Prasad Singh, son of late Nand Kumar Singh, resident of Village-

Akbarpur, P.S.- Asthawan, District- Nalanda

3. Banke Bihari Singh, son of Late Pyare Singh, resident of Village- Akbarpur, P.S.- Asthawan, District- Nalanda

4. Jagdish Singh, son of Bhansingh Mahto, resident of Village- Akbarpur, P.S.-

Asthawan, District- Nalanda

5. Surendra Prasad, son of late Meghu Mahto, resident of Village- Akbarpur, P.S.- Asthawan, District- Nalanda

6. Birendra Prasad, son of late Dukhi Singh, resident of Village- Akbarpur, P.S.- Asthawan, District- Nalanda

7. Arjun Prasad, son of Dukhi Singh, resident of Village- Akbarpur, P.S.-

Asthawan, District- Nalanda

8. Ramji Prasad, son of Late Rampratap Mahto, resident of Village- Akbarpur, P.S.- Asthawan, District- Nalanda

9. Dharmvir Kumar Sinha, son of Bangali Prasad singh, resident of Village-

Akbarpur, P.S.- Asthawan, District- Nalanda.

10. Ram Chandra Prasad, son of Baldev Prasad, resident of Village- Akbarpur, P.S.- Asthawan, District- Nalanda

11. Amarjeet Kumar, son of Pankaj Kumar, resident of Village- Akbarpur, P.S.-

Asthawan, District- Nalanda.

12. Shiv Kumar Prasad Sinha, son of late Baijnath Sinha, resident of Village-

Akbarpur, P.S.- Asthawan, District- Nalanda.

13. Dhanush Dhari Prasad, son of Hari Charan Mahto, resident of Village-

Akbarpur, P.S.- Asthawan, District- Nalanda.

14. Ajay Kumar, son of late Sukhdayal Mahto, resident of Village- Akbarpur, P.S.- Asthawan, District- Nalanda.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Road Construction Department, govt. of Bihar Patna.

3. The Executive Engineer, Road Division Road Construction Department Bihar Sharif, Nalanda.

4. The Collector, Nalanda at Bihar Sharif.

5. The Land Acquisition Officer, Nalanda at Bihar Sharif.

6. The Duputy Collector Land Reforms, Bihar Sharif, Nalanda. Patna High Court CWJC No.21978 of 2018 dt.15-02-2023

7. The Sub- Divisional Officer, Bihar Sharif, Nalanda.

8. The Circle Officer, Asthawan, Nalanda.

9. The Principal Secretary, RWD, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Prasad, Advocate For the Respondent/s : Mr. Subash Chandra Yadav, Advocate For the State : Mr. Dhurjati Kumar Prasad, G.P-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 15-02-2023

Heard learned counsel for the petitioners, learned

counsel for the State.

The petitioners have filed the instant application for

the following relief(s):

"i. For restraining the respondents for constructing new road over the raiyati agriculture land of the petitioners which is going to be start Without given any notice to the petitioners and without starting any process for acquisition under Bihar Land Acquisition Act.

ii For direction the Respondents to make payment of Compensation amount to the petitioners before constructing road over the raiyati land of the petitioners because the Respondents are going to construct 20 fit wide new peach road from Soyvapar to Katrisarai.

iii For other order/direction in the interest of justice and ends of justice in the facts and circumstances of the case."

Patna High Court CWJC No.21978 of 2018 dt.15-02-2023

As per the case of the petitioners, the respondents

demarcated the lands of the petitioners for construction of pitch

road from Soybapar to Katrisarai without starting any procedure

for acquisition of the lands. Neither the petitioners were given

any notice nor any compensation was paid. Hence, the writ

application.

Several counter affidavits have been filed on behalf of

the respondents in the instant application. In the counter

affidavit filed on behalf of the respondent nos. 4 to 7 reference

is made to the inquiry report dated 10.6.2019 submitted by the

Revenue Karamchari according to which lands of only six

persons of village- Akbarpur were mentioned in the lands

acquired and from the said statement it transpires that the lands

of petitioner nos. 2, 5, 8 and 12 are included. It is further stated

that proper steps have been taken for acquisition of lands in

accordance with law. Further in the counter affidavit filed on

behalf of the Executive Engineer Road Division, Road

Construction Department, Bihar Sharif, Nalanda (respondent

no.3) copy of the letter bearing no. 2101 dated 3.9.2022 of the

D.C.L.R, Bihar Sharif addressed to the District Magistrate,

Nalanda has been given wherein details to some extent has been

given as to which of the petitioners' lands are being acquired Patna High Court CWJC No.21978 of 2018 dt.15-02-2023

and of whom lands are not being acquired. However, even in the

said letter, with respect to a number of petitioners, the relevant

columns have been left blank.

At this stage, it is submitted by learned counsel

appearing for the petitioners that initially lands of all the

petitioners were being acquired, however, subsequently there

were some change in alignment of the road under construction.

It is submitted that even as per the counter affidavits filed by the

respondents, they have accepted about acquisition of lands of

some of the petitioners.

Having heard learned counsel for the parties and

taking into consideration the materials on record including the

fact that there has been change in alignment of the road and it

has categorically been stated by the respondents in paragraph

no. 5 of the counter affidavit filed on behalf of the respondent

nos. 4 to 7 that proper steps are being taken for acquisition of

lands in accordance with law, the instant writ application is

disposed of with a direction to those petitioners whose lands are

proposed to be acquired to file appropriate application before

the respondent no.3, the Executive Engineer, Road Division,

Road Construction Department, Bihar Sharif, Nalanda and/or

the respondent no.5, the Land Acquisition Officer, Nalanda at Patna High Court CWJC No.21978 of 2018 dt.15-02-2023

Bihar Sharif for their remaining grievances including payment

of the compensation amount for the land acquired.

If such an application is filed, the same shall be dealt

in accordance with law and payments made without any delay.

This writ application stands disposed of.

(Partha Sarthy, J) Avinash/-

AFR/NAFR
CAV DATE
Uploading Date           17.02.2023
Transmission Date