The State of Bihar v. Sanjay Chandra Thakur
Case brief
What is this about?
In these letters patent appeal, the High Court clarified the Single Judge's order directing the State to initiate acquisition proceedings for extra land subsumed by a canal. The Court directed an immediate inquiry by the Executive Engineer to verify the extra land consumed before any requisition or payment, noting the State's long delay.
What did the court decide?
Direction for immediate inquiry by Executive Engineer to report on extra land consumption before initiating acquisition or payment; Single Judge's order modified to reflect this conditional process.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1703 of 2019 In
Civil Writ Jurisdiction Case No.14797 of 2017
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- The State of Bihar.
- The District Magistrate, Madhubani.
- The Special Land acquisition Officer, Koshi Project Darbhanga.
- The Public Redressal Grievance Officer of Complaint Vell Madhubani.
- The Executive Engineer, West Koshi Project Division, Sakri, Madhubani.
- The Assistant Engineer West Koshi Project Division Sakri, Madhubani.
- The Anchal Officer of Kaluahi, Anchal of Madhubani District.
... ... Appellant/s
Versus
Issues for consideration
2 issues framed by the court
Whether the lower court's direction to initiate acquisition proceedings for extra land consumed in construction without a prior inquiry was legally sustainable.
Whether the State could invoke the doctrine of non-traverse despite earlier promises of inquiry in the counter affidavit.
Parties & counsel
- appellant
The State of Bihar and others
- respondent
Sanjay Chandra Thakur
Coram
Ashutosh Kumar
Case details
As recorded by the court registry
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