Saraswati Devi @ Saraswati Kunwar vs The State Of Bihar Through The ...
2023 Latest Caselaw 2596 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.366 of 2023
     ======================================================

Saraswati Devi @ Saraswati Kunwar, W/o Late Chandrama Prasad, R/o Village and P.O. and P.S.-Goria Kothi, District- Siwan

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Road Construction Department, Bihar, Patna

2. The District Magistrate-cum-Collector, District - Siwan, Bihar

3. The Executive Engineer. Road Construction Department, Road Division, Siwan

4. The District Land Acquisition Officer, Siwan

5. The Circle Officer, Goria Kothi, Siwan

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

For the Petitioner/s : Mr. Dhirendra Singh, Adv. For the Respondent/s : Mr. Manoj Kumar Ambastha, (Sc-26) Mr. Santosh Kumar Mishra, (Ac to Sc-26) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 20-06-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

2. The present writ petition has been filed for

directing the respondent to make payment of compensation to

the petitioner in lieu of his land measuring 14 Dhur situated in

Mauza Goria Kothi, District- Siwan pertaining to Khata No. 58

and 264, Thana No. 67, Survey Plot No. 1429 and 1437 for the

purpose of widening the road from Saraiya to Gorai Kothi,

Siwan.

3. Learned counsel for the petitioner submits that Patna High Court CWJC No.366 of 2023 dt.20-06-2023

the petitioner is entitled for compensation according to the

prevailing area under Section 26(A) of the Right to Fair

Compensation and Transparency of Land Acquisition

Rehabilitation and Resettlement (Amendment) Act, 2013.

Counsel submits that the rayati land of the petitioner has been

taken forcibly and road has been constructed. He has filed

protest petition and in this regard, made representations also

vide Annexure- 4, 5 & 6 but nothing happened.

4. Learned counsel for the State submits that from

the annexures, it transpires that the said representations were not

filed before the Competent Authority, who is the Collector of the

District and those representations are meaningless at present

and, therefore, he submits that the petitioner may be directed to

file his proper representation before the Competent Authority.

5. In this background, the petitioner is directed to

represent before the District Magistrate-cum-Collector, District-

Siwan, Bihar for his grievances with all details including the

documents of the land alleged to be taken by the respondent for

construction of road within four weeks' from today.

6. The District Magistrate-cum-Collector, District-

Siwan, Bihar is directed to pass appropriate order if, reached on

the conclusion that land of the petitioner has been taken for the Patna High Court CWJC No.366 of 2023 dt.20-06-2023

purpose of construction of land within eight weeks' thereafter,

so that the benefit to the petitioner may be granted within a

specified period of time.

7. With this observation, the present writ petition

stands disposed off.

(Dr. Anshuman, J.) sadique/-

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