Dismissed

Vinod Kumar and Anr. v. The State Of Bihar and Ors.

Patna HC16 Dec 2015CWJC/20987/2013

Case brief

AI extract

What is this about?

Petitioners seeking compensation for undischarged land area filed a writ petition. The Court held that since the claim involves disputed questions of fact, no relief can be granted in the current proceeding, dismissing the writ petition but allowing the petitioners to approach other forums.

What did the court decide?

Disposed of the writ petition with a liberty to approach any other appropriate forum for grant of appropriate relief.

Vinod Kumar and Anr. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20987 of 2013

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====================================================== 1. Vinod Kumar, S/O Late Raja Ram Singh

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Suhagan Devi, W/O Late Raja Ram Singh Both Resident Of Sabalpur, P.S.- Didarganj, Dist.- Patna .... .... Petitioner/s Versus 1. The State Of Bihar Represented through Chief Secretary Govt. Of Bihar, Old Secretariat Building, Patna 2. District Land Acquisition Officer District Land Acquisition Office, Acquisition Branch Collectorate, Patna Sadar, Patna 3. Ist Appellate Authority-Cum-Add. Collector, Patna (District Revenue Branch) Vikash Bhavan 3rd Floor, Patna Secretariate, Patna- 800001 4. Circle Officer, Patna Sadar, Patna Near Gandhi Maidan Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Tilak Sao For the Respondent/s : Mr. Krishna Chandra, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 16-12-2015 The petitioners have filed the present writ petition raising a grievance that, though they have been paid compensation for certain area of lands acquired by the State of Bihar and its functionaries under the provisions of The National Highways Act, 1956, but they have not been paid compensation for certain other area of lands admeasuring 10.5 decimals. A counter affidavit has been filed on behalf of the respondent no.2, wherein the claim raised on behalf of the petitioners has been controverted specifically in paragraph 8 of the counter affidavit and it has been asserted that the aforesaid 10.5 decimals of land has not been acquired by the respondents. In view of the fact that the claim raised on behalf of the petitioners is based on disputed questions of facts, no relief can be granted in the present proceeding filed under Article 226 of the Constitution of India. Accordingly, the present writ petition is

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Patna High Court CWJC No.20987 of 2013 (2) dt.16-12-2015

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dismissed.

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However, the petitioners, if so advised, shall be at liberty to approach any other appropriate forum/court for grant of appropriate relief(s) for redressal of their valid grievances.

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(Birendra Prasad Verma, J)

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Arvind/U

Vinod Kumar and Anr. v. The State Of Bihar and Ors.

Case brief

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Vinod Kumar and Anr. v. The State Of Bihar and Ors.

Case brief

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