Patna High Court - Orders
State Of Bihar vs Dwarika Singh on 21 April, 2010
Author: Dipak Misra
Bench: Dipak Misra
IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.944 of 1978
STATE
Versus
RAM BILASH RAI
with
FA No.958 of 1978
STATE OF BIHAR
Versus
SMT. DULHIN SUNDRI KUER
with
FA No.973 of 1978
STATE OF BIHAR
Versus
KISHORI RAI
with
FA No.981 of 1978
STATE OF BIHAR
Versus
SHYED SHAHABUDDIN BALKI & ANR
with
FA No.987 of 1978
STATE OF BIHAR
Versus
NAHAK CHOUDHARY
with
FA No.993 of 1978
STATE OF BIHAR
Versus
MOST. RAM DULARI DEVI
with
FA No.994 of 1978
STATE OF BIHAR
Versus
MD. ISLAM AND ANR.
with
FA No.996 of 1978
STATE OF BIHAR
Versus
HAKIM SHIYAD SHAH ALIUDDIN BUL
with
FA No.23 of 1979
STATE
Versus
SHREE PD.SINGH
2
with
FA No.31 of 1979
STATE OF BIHAR
Versus
DWARIKA SINGH
with
FA No.47 of 1979
STATE
Versus
LALIT NARAYAN SINGH
with
FA No.48 of 1979
STATE OF BIHAR
Versus
RAM TEHAL RAI
with
FA No.96 of 1979
STATE OF BIHAR
Versus
BINDESHWARI SINGH
with
FA No.100 of 1979
STATE OF BIHAR
Versus
RAM SUHAWAN SINGH & ORTS
with
FA No.103 of 1979
STATE OF BIHAR
Versus
RAMJEE SINGH
with
FA No.125 of 1979
STATE OF BIHAR
Versus
GANGA MAHTO & OTR
(item nos. 11 to 17 in the cause list)
with
FA No.415 of 1988
STATE OF BIHAR
Versus
BAIJ NATH PD.
with
FA No.417 of 1988
STATE
Versus
3
RAM ASHRAY PANDEY
with
FA No.422 of 1988
STATE OF BIHAR
Versus
RAM DAS PD.
with
FA No.425 of 1988
STATE
Versus
SHIVULAK ROY
with
FA No.426 of 1988
STATE OF BIHAR
Versus
SATYA BHUSHAN SINGH
with
FA No.427 of 1988
STATE
Versus
RAM BABU & ANR
with
FA No.431 of 1988
STATE OF BIHAR
Versus
BIHARI & ORS
with
FA No.452 of 1988
STATE
Versus
LAKHAN SINGH
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8 21/4/2010Heard Mr. Anil Kumar Jha, GA- II, Mr. P.Tekriwal, GA I, Mr. S.D. Jha, AC to GA I, Mr. H.P.Singh, GA VI, Mr. Sanjay Kumar, GP XIV, Mr. K.P.Gupta, SC V, Mr. R.B. Mahto, AAG - VIII, learned counsel for the appellant - State and Mrs. Sheela Sharma, learned counsel for the respondents. 4 This batch of appeals are interconnected and interlinked. Two sets of awards dated 30th May, 1998 and 31.7.1978 respectively passed in these appeals are under challenge. The Land Acquisition Officer had awarded Rs.11,110/- per acre. The reference court had enhanced it to Rs.80,000/-. He has placed reliance on Ext.1/D & 1/E, which relates to village - Raipura. The sale deed shows that the land was sold at the relevant time @ Rs.1220/- per katha and, therefore, the price per acre would come to Rs.11,110/-. The reference court has placed reliance on Ext.3, which relates to village Gobindpur, where the land was sold @ Rs.2500/- per katha and accordingly fixed the price at Rs.80,000/-.
Learned counsel for the State submitted that the reference court should have been guided by Ext.1/D & 1/E and not Ext.3. I am not inclined to accept the said submission.
Regard being had to the totality of the facts and circumstances and keeping in view the concept of potentiality of land and the situation the price, I am of the view that the prudent purchaser would offer some kind of gesture to purchase the same and accordingly I 5 am inclined to fix the price of land at Rs.45000/- per acre.
In the result, the appeals are allowed in part. There shall be no order as to costs.
(Dipak Misra, CJ.) Neyaz/