Partly allowed

Pashupati Nath Mishra v. The State Of Bihar and Ors.

Patna HC14 Dec 2015CWJC/19688/2013

Case brief

AI extract

What is this about?

The Patna High Court granted liberty to the petitioner to file a fresh comprehensive representation to the District Land Acquisition Officer. The court directed the officer to consider the claim with a hearing within three months without deciding on merits.

What did the court decide?

Liberty granted to petitioner to file fresh representation; scheme for DLAO to decide within three months.

Pashupati Nath Mishra Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.19688 of 2013

¶3

====================================================== Pashupati Nath Mishra son of Late Dharmnath Mishra, resident of Village - Sidhawaliya, P.S. Muffasil Chapra, District - Saran .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Commissioner, Saran at Chapra 3. The District Magistrate, Saran at Chapra 4. The District Land Acquisition Officer, Saran at Chapra 5. The Circle Officer, Sadar, Chapra .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Mishra, Advocate For the Respondent/s : Mr. Krishna Chandra, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

¶4

3 14-12-2015 Heard the parties.

¶5

In view of the nature of grievances/claims raised on behalf of the petitioner, particularly in the light of Annexure-7 to the writ petition, this Court is of the opinion that the interest of justice shall be subserved if the petitioner is granted liberty to file a fresh comprehensive representation before the respondent no.4 with all supporting documents raising his valid grievances, which have been raised in the present writ petition. It is ordered accordingly.

¶6

If such a fresh comprehensive representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Land Acquisition Officer, Saran at Chapra shall be obliged to consider and decide the claims of the petitioner, after giving opportunity of hearing to all concerned including the petitioner by a reasoned and speaking order at an early date preferably within a period of three months from the date of filing

¶7

Patna High Court CWJC No.19688 of 2013 (3) dt.14-12-2015

¶8

2/2

¶9

of such representation,

¶10

If on consideration of the materials, the respondent District Land Acquisition Officer, Saran at Chapra comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay.

¶11

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner and this is left to be decided by the respondent District Land Acquisition Officer, Saran at Chapra strictly in accordance with law.

¶12

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

¶13

(Birendra Prasad Verma, J)

¶14

Tahir/U

Pashupati Nath Mishra v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Pashupati Nath Mishra v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Badshah Rai and Ors. Vs the State of Bihar and Ors.

Manjhlu Hansada and Ors. Vs The State Of Bihar and Ors.

Neeraj Kumar Vs The State Of Bihar and Ors.

Pramod Chand Bothra Vs The State Of Bihar and Ors.

Gautam Manjhi Vs the State of Bihar and Ors.

Ramdhyan Yadav Vs The State Of Bihar and Ors.