Patna High Court
Nishant Kumar vs The State Of Bihar on 30 January, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1638 of 2023
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Nishant Kumar, Son of Late Ram Baran Prasad @ Babu Chand Gope,
residing at 110, Old Kankarbagh, P.S. - Patrakar Nager, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The District Magistrate cum Collector, Patna.
3. The District Land Acquisition Officer, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner : Mr. Jainendra Kumar Pushkar, Advocate
For the State : Mr. Birendra Prasad Singh, AC to SC-19
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
Date : 30-01-2024
1. Heard learned counsel for the petitioner and
learned counsel for the State.
2. This writ application has been filed for the
following reliefs:-
"(i) For issuance of an appropriate writ, order or direction
directing and commanding the respondents
immediately to pay the petitioner the amount of
compensation for the land of the petitioner and his
brothers measuring 0.334 acres pertaining to Plot No.
240 of Mouza- Kankarbagh, District- Patna which
was/has been acquired by the respondents along with
other lands for construction of the houses/Nalanda
Medical College, Patna.
(ii) For issuance of an appropriate writ directing and
commanding the respondents to pay the petitioner
interest for the period the amount of compensation has
not been paid or is not paid to the petitioner and his
brothers.
(iii) For any other relief/reliefs of which the petitioner is
Patna High Court CWJC No.1638 of 2023 dt.30-01-2024
legally entitled to."
3. Case of the petitioner in short is that the father of
the petitioner had a land pertaining to Plot No. 240, Mauza-
Kankarbagh, District- Patna. For the purposes of construction of
houses and Nalanda Medical College, along with other plots and
lands of Mauza- Bahadurpur and Kankarbagh, the aforesaid
land of father of the petitioner was acquired by the respondent-
Authorities. After acquisition of the aforesaid lands, including
land of the father of the petitioner, the matter for determination
of the compensation amount was referred under Section 18 of
the Land Acquisition Act to the learned Special land Acquisition
Judge, IV, Patna. The learned Special land Acquisition Judge,
IV, Patna, vide order dated 27.05.1989 finally disposed of all the
L.A. Cases including the case of the father of the petitioner
bearing L.A. Case No. 33 of 1979. Against the aforesaid order
dated 27.05.1989 passed in L.A. Case No. 34 of 1948 and
analogous cases, including L.A. No. 33 of 1979, the respondent-
State filed First Appeal No. 596 of 1989. During pendency of
the aforesaid First Appeal No. 596 of 1989, on 28.03.2006, vide
Challan No. 1780, the State of Bihar deposited the decreed
Patna High Court CWJC No.1638 of 2023 dt.30-01-2024
money amounting to Rs. 1,13,672.71/- in the court of learned
Special land Acquisition Judge-IV, Patna in L.A. Case No. 33 of
1979. Due to pendency of the aforesaid First Appeal No. 596 of
1989, father of the petitioner was not paid the aforesaid decreed
amount, which was for compensation of the aforesaid land of
the father of the petitioner which was acquired. Unfortunately
during pendency of the aforesaid First Appeal No. 596 of 1989,
the father of the petitioner namely Ram Baran Prasad @ Babu
Chand Gope died on 30.03.2007. Thereafter on 03.05.2012 the
aforesaid First Appeal No. 596 of 1989 was listed before the
Hon'ble Lok Adalat. Upon prayer made by the learned counsel
for the State of Bihar, vide its order dated 03.05.2012, the
Hon'ble Lok Adalat was pleased to dispose of the said First
Appeal as withdrawn. The Hon'ble Court was further pleased to
confirm the aforesaid Award dated 27.05.1989 passed by the
learned Special Land Acquisition Judge-IV, Patna. Just after
coming to know about all the aforesaid facts as well as disposal
of the aforesaid First Appeal No. 596 of 1989, the petitioner
along with his brothers on 16.11.2018 filed a petition before the
learned Special Land Acquisition Judge-IV, Patna and prayed
Patna High Court CWJC No.1638 of 2023 dt.30-01-2024
for payment of the amount of compensation in light of the
aforesaid order dated 03.05.2012 passed in First Appeal No.
596 of 1989. Thereafter the petitioner is running from pillar to
post but till date the petitioner and his brothers have not been
paid the amount of compensation for the aforesaid land which
was acquired much prior in the year 1979.
4. In this case a counter-affidavit has been filed on
behalf of the State. It is contended by learned counsel for the
State that during pendency of First Appeal No. 596 of 1989 filed
by the State, the decreed money amounting to Rs. 1,13,672.71
has already been deposited in the court of learned Special Land
Acquisition Judge-IV, Patna, in L.A. Case No. 33 of 1979, vide
Challan No. 1780 dated 28.03.2006.
5. In the aforesaid facts and circumstances, it is not in
dispute that the compensation amount, after preparation of the
award including the additional compensation, solatium and
statutory interest, has already been deposited by the respondent-
Authorities in the court of learned Special Land Acquisition
Judge-IV, Patna.
6. In view of the aforesaid facts and circumstances, no
further orders are required to be passed. The petitioner is at
liberty to move before the concerned authority, in accordance
Patna High Court CWJC No.1638 of 2023 dt.30-01-2024
with law, and withdraw the amount.
7. With the aforesaid observations and directions, this
writ application is disposed of.
(Prabhat Kumar Singh, J)
shashank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 03.02.2024
Transmission Date NA
