Patna High Court
Most. Bachmuna Kuar vs The State Of Bihar on 21 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4846 of 2020
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1. Most. Bachmuna Kuar W/o Late Parikha Singh Resident of
Village/Mohalla- takia,Ward No.2, P.O. and P.S.-Sasaram (Modal), District-
Rohtas (Sasaram).
2. Amar Singh Son of Late Parikcha Singh Resident of Village/Mohalla-
takia,Ward No.2, P.O. and P.S.-Sasaram (Modal), District-Rohtas (Sasaram).
3. Manoj Kumar @ Manoj Singh Sono f Late Parikcha Singh Resident of
Village/Mohalla-takia,Ward No.2, P.O. and P.S.-Sasaram (Modal), District-
Rohtas (Sasaram).
4. Saroj Kumar Son of Late Parikcha Singh Resident of Village/Mohalla-
takia,Ward No.2, P.O. and P.S.-Sasaram (Modal), District-Rohtas (Sasaram).
5. Anuj Kumar Son of Late Parikcha Singh Resident of Village/Mohalla-
takia,Ward No.2, P.O. and P.S.-Sasaram (Modal), District-Rohtas (Sasaram).
6. Raj Kumar Son of Late Parikcha Singh Resident of Village/Mohalla-takia,
Ward No.2, P.O. and P.S.-Sasaram (Modal), District-Rohtas (Sasaram).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, Govt. of Bihar, Patna.
2. The District Magistrate, Rohtas at Sasaram.
3. The Special Land Acquisition Officer, Sone Project Sasaram, Rohtas.
4. Executive Engineer, Durgawati Works Division, Chenari, District-Rohtas.
5. The Presiding Officer, Land Acquisition, Rehabilitation & Resettlement
Authority, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rameshwar Singh, Advocate
For the Respondent/s : Mr. Sudhanshu Bhushan, AC to G.P. 8
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 21-02-2023
As prayed by learned counsel for the petitioners,
Patna High Court CWJC No.4846 of 2020 dt.21-02-2023
Presiding Officer, Land Acquisition, Rehabilitation and
Resettlement Authority, Patna Division, Patna is added as
respondent no. 5 in the instant application.
Heard learned counsel for the petitioners and
learned counsel for the State.
The petitioners have filed the instant application for
the following reliefs:-
"That, the petitioners invokes the writ
jurisdiction of this Hon'ble Court for issuance of writ
in nature of mandamus commanding the respondent
No.1 to make payment of compensation amount of
Rs. 6,96,07.00/= (Six lacs ninety six thousand eighty
seven only) to the petitioners in respect of acquired
land pertaining to Khata No. 130 Plot Nos. 187, 193
& 194 measuring total an area 0.41 Acre, which is
acquired for Tikara Minor Project (Durgawati
Project) under Mauza Tikara District, Rohtas. And
for any other relief(s) or consequential relief(s) to
which the petitioners may be found entitled in the
facts and circumstances of this case."
The case of the petitioners in brief is that the
petitioners are the owners of the land bearing khata no. 130, plot
nos. 187, 193 and 194 having total area 0.41 acre which was the
subject matter of an acquisition in Proceeding Case no. 20 of
10-11 in the office of the Special Land Acquisition Officer, Sone
Project, Sasaram (respondent no. 3). Award amounting to Rs.
Patna High Court CWJC No.4846 of 2020 dt.21-02-2023
6,96,087/- was prepared. However, neither any notice of
acquisition nor any notice of award was served on the
petitioners. Soon after coming to know about the above
acquisition proceeding and the matter having subsequently been
referred to the Land Acquisition, Rehabilitation and
Resettlement Authority, Patna Division, Patna (LARRA in
short), the petitioners filed an intervention petition in L.A. Case
no. 1440 of 2017 (Executive Engineer Durgawai Works
Division, Chenari vs. Shiv Kumar Pandey) and the said
intervention petition was allowed. However, inspite of
considerable time having passed, final order has still not been
passed by the Authority (LARRA, Patna Division, Patna) and
the matter continues to remain pending.
A counter affidavit has been filed on behalf of the
respondents wherein a peculiar stand has been taken by the
respondents to the effect that the writ petitioners are to approach
before the Presiding Officer, Land Acquisition, Rehabilitation
and Resettlement Authority, Patna Division, Patna along with
supporting documents for release of his compensation award
amount.
It may be stated here that the Court finds that the
counter affidavit has been filed in a very casual manner for the
Patna High Court CWJC No.4846 of 2020 dt.21-02-2023
reason that there is categorical assertion on behalf of the
petitioners in paragraph no. 8 of the writ petition that the
petitioners have already approached LARRA, Patna Division
Patna, they filed an intervention application in L.A. Case no.
1440 of 2017 and the said intervention application has already
been allowed.
Having heard learned counsel for the parties and
having perused the material on record, the Court directs that the
petitioners shall appear before the authority concerned i.e.
Presiding Officer, Land Acquisition, Rehabilitation and
Resettlement Authority, Patna Division, Patna, (Respondent no.
5) along with a copy of this order within a period of four weeks
from today. The petitioners will be at liberty to file a fresh
petition / affidavit bringing on record all supporting documents
in support of their case. The concerned Presiding Officer, Land
Acquisition, Rehabilitation and Resettlement Authority, Patna
Division, Patna (Respondent no. 5) shall decide the case of the
petitioners in accordance with law at the earliest, preferably
within a period of two months from the date of the appearance
of the petitioners.
It is further directed that if any amount by way of
compensation is found payable to the petitioners the same shall
Patna High Court CWJC No.4846 of 2020 dt.21-02-2023
be paid within a period of three months of the passing of the
order by the said authority.
The writ application stands disposed of.
(Partha Sarthy, J)
Spd/-
AFR/NAFR
CAV DATE
Uploading Date 23.2.2023
Transmission Date
