Petitioners sought compensation for land used for a cattle shelter under the Disaster Management Plan. The Court denied relief pending determination of title disputes before competent revenue or civil authorities.
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Patna High Court CWJC No.18702 of 2013 dt.30-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18702 of 2013
=========================================================== 1. Ghoghar Ali @ Mansoor Alam S/O Late Abdul Hasan Residence Of VillageTiraghat, P.S- Jalai, Maheshi, District- Saharsa.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Petitioner/s : Mr.Dr. Abdus Shakoor, Advocate. For the Respondent/s : Mr. Kameshwar Prasad Gupta, GP-10
=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT
Date: 30-08-2016
Heard the counsel for the petitioners and AC to GP-10 for the
State.
A counter affidavit on behalf of the respondent nos. 2 to 6 is filed. The petitioners have filed rejoinder.
The writ application prays for a direction commanding the respondents to pay compensation to the petitioners for use of their one acre of land for construction of Cattle Shelter/shed under the Disaster Management Plan. According to the petitioners, the lands appertaining to khata no. 108, khesra no.
Patna High Court CWJC No.18702 of 2013 dt.30-08-2016
916 measuring a total area of 3 acres situated in Mauza-Samani, Anchal Maheshi, in the District of Saharsa was the land of the ex-zamindar. The father of the petitioner, namely, Abul Hassan, had purchased the said land. The land, however, continued in the records of right as the land of the State of Bihar recorded as Anabad Bihar Sarkar. A proceeding under Section 106 of the B.T. Act was filed which was allowed in favour of the petitioners vide the order dated 16.07.2003 (Annxure-3). The respondents, are, therefore, entitled to pay them compensation for the use of the land.
In the counter affidavit, it is stated that one acre of land appertaining to khata no. 175, khesra no. 629 was the Government land and made over to the Disaster Management Department, for construction of flood Shelter- cum -Cattle Shelter thereover as the subject land is within the flood affected areas. The construction of the shed has been completed. The respondents having found that the petitioners had obtained an order by the Revenue Authority in respect of the subject land filed a Zamindari Cancellation case no. 22 of 2015-16 in the Court of Additional Collector, Saharsa which is pending consideration. In para-8, it is stated that the subject land of khesra no. 916 ( three acres) under khata no. 108 of Mouza Samani allegedly purchased by the father of the petitioners from the ex-landlord is not relevant as the said Khesra is not in dispute. The petitioners have sought relief in respect of khata no. 175, khesra no. 629. In paragraph nos. 9, 11 and 12, the respondents have strongly disputed the contention of the petitioners with respect to their title/possession over the subject land. The proceeding in respect thereof is pending before the higher Revenue Authority. In this factual background, it is difficult for this Court to uphold the contention of the petitioners that they are the rightful owners of the subject land. Any such dispute can be raised either before the competent Revenue authority
Patna High Court CWJC No.18702 of 2013 dt.30-08-2016
or before the Court of competent civil jurisdiction. Granting the said liberty to the petitioners, the writ application is disposed of.
Let it be recorded that this Court has not expressed any opinion on the rival claim(s) of the parties over the land.
(Kishore Kumar Mandal, J)
Shyam/U
1 issue framed by the court
Whether the Court can uphold the petitioners' claim for compensation when their title to the land is disputed and pending before revenue authorities.
1 provisions across 1 enactments
Ghoghar Ali @ Mansoor Alam S/O Late Abdul Hasan
Badrieuzzaman S/O Late Abdul Hasan
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
