Disposed

Trilok Nath Singh and Ors. v. The State Of Bihar and Ors.

Patna HC8 Apr 2017CWJC/25205/2013

Case brief

AI extract

What is this about?

Petitioners alleged construction of a police station on their land without acquisition. The High Court directed the Collector to inquire, document the issue, and provide compensation to petitioners if ownership is proved, to be completed within three months.

What did the court decide?

Direction to respondent no. 2 to inquire, record documents, and provide compensation if ownership is proved, within three months.

Trilok Nath Singh and Ors. Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 25205 of 2013

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Trilok Nath Singh S/O Late Binda Prasad Singh.

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Awadhesh Kumar Singh S/O Late Laxami Prasad Singh 3. Rajaram Singh S/O Late Nagendra Prasad Singh

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Kanak Lata Devi @ Aruna Singh Widow Of Late Binda Prasad Singh

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Ram Naresh Prasad Singh S/O Late Nageshwar Prasad Singh All are Resident of Village- Dhruwgama, Police Station- Kalyanpur, District- Samastipur.

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.... .... Petitioners

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Versus

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The State of Bihar 2. The Collector, Samastipur.

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Deputy Collector, Land Reforms, Samastipur.

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Anchal Adhikari, Kalayanpur, Anchal, Samastipur.

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.... .... Respondents

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====================================================== Appearance : For the Petitioners : Mr. Prabhu Nath Roy, Sr. Adv. Mr. R. K. Chandram, Adv For the State : Mr. Ram Babu Rai, AC to SC-14

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER

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3 08-04-2017 Heard learned counsel for the petitioners as well as

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learned AC to SC-14.

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The grievance of the petitioners is that without acquisition of their lands bearing khata no. 406 khesra no. 1046 Area 1.5 bigha situated in village- Mirzapur, District Samastipur, the respondents got constructed police station.

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Learned counsel for the petitioners submits that above stated land is khatiyani land of the petitioners which is evident from perusal of khatiyan of the aforesaid land as the aforesaid plot

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Patna High Court CWJC No.25205 of 2013 (3) dt.08-04-2017

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2/2

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was recorded in possession of Malik of the aforesaid land in khatiyan.

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Learned AC to SC-14 appearing for the State submits that land in question belongs to Government and as a matter of fact, before construction the aforesaid land was got measured by the concerned officials and thereafter, the construction was done.

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In view of the aforesaid facts and circumstances, this petition stands disposed of giving direction to respondent no. 2 to enquire into the matter giving sufficient opportunity of production of documents as well as other materials to the petitioner before him and if it is found that the land in question belongs to petitioners, the respondent no. 2 shall take appropriate step for providing adequate compensation to the petitioners in accordance with law and rules. It is made clear that all the aforesaid steps must be completed by the respondent no. 2 within three months from the date of receipt/production of copy of this order.

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(Hemant Kumar Srivastava, J)

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SHAHZAD/-

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Trilok Nath Singh and Ors. v. The State Of Bihar and Ors.

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Trilok Nath Singh and Ors. v. The State Of Bihar and Ors.

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