Patna High Court - Orders
Alok Kumar Ray vs The State Of Bihar on 10 April, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 6768 of 2021
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Alok Kumar Ray, Son of Raj Giri Ray, resident of Village - Chakesho Desh
Rajpur, P.S. - Mahnar, District - Vaishali, at present Police Colony C/137,
Anishabad, P.S. - Gardanibagh, Patna - 2.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Collector, Vaishali at Hazipur.
3. The Additional District Officer, Vaishali at Hazipur.
4. The Sub Divisional Officer, Mahnar, District - Vaishali at Hazipur.
5. The Deputy Collector, Land Reforms, Mahnar, District - Vaishali at Hazipur.
6. The S.H.O. Mahnar, District - Vaishali at Hazipur.
7. The Circle Officer, Mahnar, District - Vaishali at Hazipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC-25
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 10-04-2023Heard learned counsel for the parties.
The petitioner has filed the instant application for the following relief(s):-
"1. That this writ application is being filed for issuance of writ in the nature of mandamus directing the respondents to measure the land and construct a boundary wall in land in question bearing khata No. 137 kheshra No. 475 area 2 katha and khata No. 40 kheshra No. 487, 488 area Patna High Court CWJC No. 6768 of 2021(6) dt.10-04-2023 2/5 12 decimals mauza Chakesho P.S. Mahnar District Vaishali at Hazipur and also direction may be given to respondents for compensation of land in which Bandh was constructed by Thikedar on the direction of government of Bihar."
The land in question appertains to Khata no. 137, Khesra no. 475 measuring an area of 2 kathas and Khata no. 40, Khesra no. 487 and 488 measuring an area of 12 decimals under Mauza Chakesho P.S. Mahnar, District- Vaishali at Hazipur.
Learned counsel for the petitioner submits that the petitioner and the members of his family are bonafide purchasers of the land in question. Without acquiring the land in question and without payment of any compensation, the respondent authorities have proceeded with construction of Bandh. Hence, the prayer made in the instant writ application for the direction to the respondents to measure the land of the petitioner, to construct a boundary wall and further the respondents be directed for payment of compensation of the land of the petitioner in which the Bandh has been constructed.
Learned counsel for the respondents referring to the Patna High Court CWJC No. 6768 of 2021(6) dt.10-04-2023 3/5 counter affidavit filed in the case submits that it is the categorical case of the respondents that no land of the petitioner was acquired by the Government and as such the Government is not liable to make any payment to the petitioner.
Having heard learned counsel for the parties and having perused the material on record, it transpires that the fact that Bandh has been constructed in the village concerned is not in dispute. In paragraph no.10 of the counter affidavit filed on behalf of the respondents, it has been stated that the area being flood affected and being situated near the river Ganga, villagers themselves constructed the Bandh to protect their crops, building and houses situated in the village.
Learned counsel for the petitioner brings to the notice of this Court in the counter affidavit, a letter/report dated 22.2.2023 of one Shashi Bhusan Kumar, Anchal Amin, Mahnar addressed to the Circle Officer, Mahnar (Vaishali) in reference to the instant writ application. The Anchal Amin in the said report submits that he carried out inspection of the land in question in view of the directions contained in letter no.356 dated 20.2.2023 and found that the area mentioned therein of Khesra nos. 486, 487, 488 and 475 has been used in Patna High Court CWJC No. 6768 of 2021(6) dt.10-04-2023 4/5 construction of the Bandh and its foundation.
The Court finds that the petitioner has substance in his case in so far as the construction of Bandh is admitted by the respondents. The Anchal Amin in his above report submits that the Khesra mentioned therein have been utilized in construction of the Bandh and at the same time the respondents have stated that no land has been acquired by the Government.
In view of the above, this Court is of the opinion that so far as the measurement of land in question is concerned, the petitioner will be at liberty to pursue his matter as provided under Rule 23 of the Tenancy Rules under the B.T. Act. So far as the prayer for direction to the respondents for payment of compensation of the land is concerned, the petitioner will file an appropriate representation before the Additional District Officer, Vaishali at Hazipur (respondent no.3), the Deputy Collector, Land Reforms, Mahnar, District- Vaishali at Hazipur (respondent no.5) and the Circle Officer, Mahnar, District-Vaishali at Hazipur (respondent no.7) giving details of his case. In case the land of the petitioner has been utilized in construction of the Bandh, the respondent authorities will proceed in accordance with law and pay Patna High Court CWJC No. 6768 of 2021(6) dt.10-04-2023 5/5 compensation to the petitioner at the earliest. In case it is found that the petitioner is not entitled for the relief, the representation shall be disposed of by a reasoned order within a period of three months of its receipt.
(Partha Sarthy, J) Shiv/-
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