Disposed

Akhtari Khatoon and Anr. v. The State Of Bihar and Ors.

Patna HC8 Dec 2015CWJC/17780/2015

Case brief

AI extract

What is this about?

Petitioner sisters challenged exclusion from land acquisition awards made to their brothers. Court directed them to file a petition with the Collector for reference under Section 30 of the Land Acquisition Act, 1894 within one month, which the Collector must consider within three months.

What did the court decide?

Directed petitioners to file petition with Collector within one month for reference under Section 30; Collector to refer matter to Civil Court within three months.

Akhtari Khatoon and Anr. Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17780 of 2015

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====================================================== 1. Akhtari Khatoon, Wife of Md Tajmul Hussian, Daughter of Late Sheikh Masruddin, Resident of Village- Sakri Gate, Rampur Karara, P.S.Sahebganj, District- Sahebganj (Jharkhand). 2. Sarita Khatoon, Wife of Sheikh Farook, Daughter of Late Sheikh Masruddin, resident of Village- Surni, P.O.- Surni, District- Godda (Jharkhand). .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The District Magistrate cum Collector, Bhagalpur. 3. The District Land Acquisition Officer, Bhagalpur. 4. Anchal Adhikari, Pirpainty Anchal, District Bhagalpur. 5. Md. Lazim, Son of Late Sheikh Masruddin, Resident of VillagePirpainti Bazar, P.S.- Pirpainti, District- Bhagalpur. 6. Md. Azim, Son of Late Sheikh Masruddin, Resident of VillagePirpainti Bazar, P.S.- Pirpainti, District- Bhagalpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Nath Jha Md. Chandra Shekhar Sharma For the Respondent No.1 to 4: Mr. Biresh Kumar Sinha, AC to AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 08-12-2015 Heard learned counsel for the petitioners as also learned AC to AAG-2 appearing on behalf of the respondent nos.1 to 4. The grievance of the petitioners is that in a land acquisition proceeding awards have been prepared in the name of the respondent nos.5 and 6 with respect to the lands in question and the claim of the petitioners has been ignored.

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Learned counsel appearing on behalf of the petitioners submits that the petitioners happen to be the full sisters of the respondent nos.5 and 6. Therefore, they are also entitled to have share in the award(s) amount, but, despite representation filed by them, they have not been paid their due share.

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Learned State counsel points out that the petitioners

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Patna High Court CWJC No.17780 of 2015 (2) dt.08-12-2015

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have statutory remedy before the Collector under The Land Acquisition Act, 1894 (in short ‘Act, 1894’). If they file an appropriate petition, the matter shall be considered by the Collector under the Act, 1894 for referring the same to the Civil Court for adjudication of the claims of the parties in terms of Section 30 of the Act, 1894.

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After having heard the parties, this Court is of the opinion that, at the first instance, the petitioners should approach the Collector under the Act, 1894 for reference of the matter to the competent Civil Court, as indicated above.

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If such a petition is filed on behalf of the petitioners within a period of one month from today with a certified copy of the present order, then the Collector under the Act, 1894 shall be obliged to consider their case for making a reference under Section 30 of the Act, 1894 at an early date preferably within a period of three months from the date of filing of such petition, whereafter, the matter shall be decided strictly in accordance with law.

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The writ petition stands finally disposed of with the observations and directions made above.

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(Birendra Prasad Verma, J)

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BTiwary/-

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Akhtari Khatoon and Anr. v. The State Of Bihar and Ors.

Case brief

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Akhtari Khatoon and Anr. v. The State Of Bihar and Ors.

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