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2025 DAILYLAW 39073 (PAT)

Vinod Sharma v. The State of Bihar

CWJC/7024/2024 · 2025-01-27

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7024 of 2024 ====================================================== Vinod Sharma Son of late keshwar Sharma Resident of Bhelwa Tola, Ward no. 17, PO and PS- Jaynagar, District- Madhubani, Bihar-847226 ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, revenue dept., Government of Bihar, Patna 2. The Commissioner Darbhanga Commissionary, Darbhanga 3. The Collector Madhubani 4. The Collector cum District Registrar Madhubani 5. The Deputy Collector Revenue and Land Reforms Department, Madhubani 6. The District Land Acquisition Officer Madhubani 7. The Circle Officer Jay Nagar, Madhubani ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar- Advocate Mr. Nawnit Kumar Tiwary- Advocate For the Respondent/s : Mr. Ramadhar Singh- Government Pleader (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 27-01-2025 1. Heard learned counsel for the petitioner and learned Government Pleader-25 for the State. 2. The learned counsel for the petitioner submits that his land pertaining to Khata Nos.922, 1327, 2069, 3085, 3085, 4030 and 4188, Khesra Nos.1925, 1931, 1926, 1916, 1924, 1930 and 1927, area 06 kattha, 04 kattha, 06 kattha, 01 kattha, 10 kattha 16 dhurs, 02 kattha and 02 kattha at Mauza- Belhi, Thana No.119, Revenue PS Jainagar, Anchal-Jainagar, District- Madhubani was acquired for construction of Kamla Bear Baraj. 3. The learned counsel for the petitioner submits that Patna High Court CWJC No.7024 of 2024(2) dt.27-01-2025 2/3 the land as recorded herein above, which was acquired for the aforesaid project is khatiyani land of the petitioner and jamabandi was created. It is next submitted that from perusal of notification no.30 of 2013 (Annexure-1), it would manifest that the said notification was issued for acquiring the land in question for the aforesaid purpose apart from other land and describes the land of the petitioner as agricultural, when the same is residential/ commercial. It is further submitted that accordingly, the petitioner submitted his representation dated 29.08.2023 (Annexure-2 series) to the District Land Acquisition Officer, Madhubani bringing to his notice that the notification issued for acquiring the land in question does not record the category of land correctly as the lands have been described agricultural, when the same is residential/commercial, hence compensation may also be decided accordingly, further, the notification does not record the correct name of the real landholders. 4. The learned counsel appearing on behalf of the petitioner submits that the petitioner would be satisfied, in the event, if the writ application is disposed of with a direction to the Land Acquisition Officer, Madhubani to decide the representation of the petitioner submitted by him on 29.08.2023 Patna High Court CWJC No.7024 of 2024(2) dt.27-01-2025 3/3 (Annexure-2 series to the writ application). 5. The learned counsel appearing on behalf of the State does not have any objection to the said submission made by the learned counsel appearing on behalf of the petitioner, but then, submits that it may be a possibility that representation filed by the petitioner before the Land Acquisition Officer, Madhubani may not be found in his office, on which the learned counsel appearing on behalf of the petitioner submits that petitioner would file a fresh representation on or before 10.02.2025. 6. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the Land Acquisition Officer, Madhubani to consider and dispose of the representation of the petitioner if filed on or before 10.02.2025 within a period of four months thereafter in accordance with law, if the earlier representation of the petitioner has not been disposed of till date. vikash/- (Satyavrat Verma, J) U