Disposed

Arun Kumar v. The State Of Bihar and Ors.

Patna HC14 Dec 2015CWJC/21699/2012

Case brief

AI extract

What is this about?

In a writ petition seeking recovery of land acquisition award amounts paid to private respondents, the High Court held that a direction for recovery could not be issued due to lack of a trial court judgment showing title acceptance. However, liberty was granted for future relief if the pending title appeal succeeds.

What did the court decide?

Writ petition disposed of without direction for recovery; liberty granted to approach appropriate forum if pending title appeal succeeds.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21699 of 2012

¶2

====================================================== Arun Kumar, S/O Singeshwar Sao, R/O Vill-Lamuabad, P.O.-Lamuabad, P.S.-Pandarak, Distt-Patna

¶3

.... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate (Collector), Patna 3. The District Land Acquisition Officer, Patna 4. Naresh Sao, S/O Late Sri Somar Sao 5. Chhathu Sao S/O Late Sri Somar Sao Both R/O Vill-Lemuabad, P.S.-Pandarak, Distt-Patna

¶4

.... .... Respondent/s

¶5

====================================================== Appearance : For the Petitioner/s : Mr. Sandeep Patil, Adv. For the Respondent nos.1to3 : Mr. Krishna Chandra, AC to AG For the Respondent nos.4&5 : Mr.B.J.Jha, Adv.

¶6

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

¶7

7 14-12-2015 Heard the parties.

¶8

The petitioner has filed the present writ petition seeking a direction to the official respondents to recover the award amount already paid to the respondent nos.4 and 5.

¶9

Though, despite direction issued by this Court counter affidavit has not been filed on behalf of the respondent nos.1 to 3, however, from the facts stated in the writ petition as also in the supplementary affidavit, it appears that Title Appeal No.24 of 2009 filed by the petitioner is pending before the learned Additional District Judge-IV, Barh. However, copy of the trial court judgment has not been brought on record showing therein that the claim of the petitioner was accepted even for the part of the lands in question, which were subject matter of a land acquisition proceeding.

¶10

In above view of the matter, no effective direction

¶11

Patna High Court CWJC No.21699 of 2012 (7) dt.14-12-2015

¶12

¶13

can be issued for recovery of award amount already paid to the respondent nos.4 and 5. However, if the aforesaid Title Appeal is decided in favour of the petitioner, then he shall be at liberty to approach the appropriate forum/court for grant of appropriate relief(s) with respect to the lands in question.

¶14

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

¶15

(Birendra Prasad Verma, J)

¶16

Arvind/-

¶17

Arun Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Arun Kumar 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.