Dismissed

Umesh Kumar Upadhyay @ Umesh Kumar v. The State of Bihar

Patna HC19 Dec 2019CWJC/24549/2019

Case brief

AI extract

What is this about?

This one-line oral order dismisses a writ petition challenging compensation payment under the Land Acquisition Act. The court held that the jurisdiction lies with the Authority per Section 64 since petitioners did not file objections or appear to dispute entitlement.

What did the court decide?

The writ petition is dismissed. Petitioners advised to file petition before the Land Acquisition Authority.

Umesh Kumar Upadhyay @ Umesh Kumar Vs The State of Bihar — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24549 of 2019

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Umesh Kumar Upadhyay @ Umesh Kumar Son of Late Radha Raman Upadhyay Resident of Village- Vishwanabharpur, Police Station- Bihta, Distt. Patna at present resident of House No. 291/5 Sainik Vihar Dhilwan Road Rama Mandi Jalandhar Cantt Dakoha Jalandhar, Punjab.

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Rameshwar Upadhyay Son of Late Brijbhusan Upadhyay Resident of Village- Vishwambharpur, Police Station- Bihta, Distt. Patna at present resident of House No. 487/6 Sainik Vihar, Dhilwan Road Ramamandi Jalandhar Cantt, Punjab.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar Old Secreteriate Patna.

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The Principal Secretary Revenue and Land Reform Deptt. Govt. of Bihar, Patna.

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The Collector, Patna District Patna.

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The District Land Acquisition Officer, Patna.

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The Circle Officer Bihta Block Bihta Distt.- Patna.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Anil Kumar Dwivedi For the Respondent/s : Mr.Rishi Raj Sinha ( SC19 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 19-12-2019 Heard both sides.

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On the objection of the petitioners, the petitioners were directed to appear before the Land Acquisition Authority by Annexure-2 with documents showing the ownership of the land but the petitioners did not appear on 19.09.2017 and compensation was paid to the person who produced the land possession certificate.

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This Court, in writ jurisdiction, cannot make any

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Patna High Court CWJC No.24549 of 2019(2) dt.19-12-2019 2/2

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hovering inquiry with regard to the entitlement of a person to receive the compensation. There is a provision in the Land Acquisition Act(Act 30 of 2013) that if the Land Acquisition Authority finds that there is dispute with regard to entitlement of a person to receive compensation or with regard to apportionment of compensation, the Land Acquisition Authority shall refer the matter under Section 64 of the Act to the competent authority but the petitioners did not file any objection. Therefore, I do not find any merit in this writ petition. Accordingly, this writ petition is dismissed.

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The petitioners, if so advised, may file petition before the Land Acquisition Authority who shall decide the same in accordance with law.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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Umesh Kumar Upadhyay @ Umesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Umesh Kumar Upadhyay @ Umesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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