Disposed¶29

Surendra Kumar Thakur v. The Union of India

Patna HC10 May 2024CWJC/1653/2024

Case brief

AI extract

What is this about?

Land acquisition compensation; mandamus for suitable award; land demarcated without notice; Khata No. 457; Khesra No. 460 Old, 1020 New; Thana No. 214; Area 4 decimals; N.H. 122B; Revenue Village Chandpur; Patori Sub-Division; District Samastipur; Gazetted Notification does not show petitioner's name; liberty to approach District Land Acquisition Officer, Samastipur; writ petition disposed of; no opinion expressed; Patna High Court; Rajiv Roy, J; 10-05-2024.

What did the court decide?

Liberty granted to the petitioner to approach respondent no. 9, the District Land Acquisition Officer, Samastipur, with all relevant documents so that his grievance/payment of compensation is considered; the writ petition otherwise disposed of with the Court expressing no opinion on merits. ¶29

Surendra Kumar Thakur Vs The Union of India — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed (via writ of mandamus) to make a suitable award/pay compensation for the petitioner's land bearing Khata No. 457, Khesra No. 460 Old, 1020 New, Thana No. 214, Area 4 Decimals under N.H. 122B in Revenue Village Chandpur, Patori Sub-Division, District-Samastipur, which was allegedly demarcated without notice. +1 more

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Court's answer

The writ petition was disposed of, granting liberty to the petitioner to approach respondent no. 9, the District Land Acquisition Officer, Samastipur, along with all relevant documents so that his grievance regarding payment of compensation may be considered.

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Key takeaways

The Court expressly made clear that it had not expressed any opinion on the matter.obiter¶31

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Civil Writ Jurisdiction Case No. 1653 of 2024, oral order dated 10-05-2024: Petitioner Surendra Kumar Thakur sought mandamus directing the respondents to make a suitable award/compensation for his land (Khata No. 457, Khesra No. 460 Old, 1020 New, Thana No. 214, Area 4 Decimals) under N.H. 122B in Revenue Village Chandpur, Patori Sub-Division, District-Samastipur, alleged to have been demarcated without notice. Learned counsel for the petitioner submitted that although his land was being acquired, compensation had not been extended; learned State Counsel responded that the attached Gazetted Notification did not show the petitioner's name. Thereupon counsel for the petitioner submitted he would approach respondent no. 9, the District Land Acquisition Officer, Samastipur, with all relevant documents for consideration of his grievance/payment of compensation. The writ petition stood disposed of granting that liberty, with the Court making it clear that it had expressed no opinion.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1653 of 2024

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======================================================

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Surendra Kumar Thakur Son of Shobhakant Thakur, Resident of near Bhagwat Milan Mandir, Boudh Vihar Colony- 2, Police Station-Sampatchak, District- Patna. ... ... Petitioner/s

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Versus

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The Union of India through Secretary, Ministry of Road Transport and Highways, Government of India, R. No. 310, Transport Bhawan, 1, Parliament Street, New Delhi-110 001.

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The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

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The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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The Additional Chief Secretary, Road Construction Department, (Road Transport and Highways), Government of Bihar, Patna.

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The Chief Engineer, N.H. Wing (North), Patna.

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The District Magistrate, District- Samastipur.

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The Executive Engineer, R.C.D. (N.H. 122,B), N.H. Division, Bihar Sharif, Nalanda.

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The Executive Engineer, N.H. Division, Gulzarbagh, Patna.

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The District Land Acquisition Officer, District- Samastipur.

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The Sub- Divisional Officer, Patori, District- Samastipur.

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The Circle Officer, Patori, District- Samastipur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Vibhuti Kumar, Advocate For the Respondent/s : Mr. Additional Solicitor General ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 10-05-2024 Heard Mr. Vibhuti Kumar, learned counsel for the

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petitioner and the State.

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The present petition has been preferred for issuance of an appropriate writ Mandamus order/orders, command/ commands or any in the nature other of writ/ writs, direction/ directions, for directing the respondents to make suitable award for the land of the petitioner which has been demarcated without notice appertaining to Khata No. 457, Khesra No. 460 Old, 1020

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Patna High Court CWJC No.1653 of 2024(2) dt.10-05-2024 2/2

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New, Thana No. 214, Area 4 Decimals, under N.Η. 122b vide demarcated in Revenue Village Chandpur under Patori SubDivision, District-Samastipur.

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Learned counsel for the petitioner submits that his land is also being acquired but compensation has not been extended.

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Learned State Counsel, on the other hand submits that the Gazetted Notification that has been attached, does not show the name of the petitioner.

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In that background, learned counsel for the petitioner submits that he shall be approaching the respondent no. 9, the District Land Acquisition Officer, Samastipur alongwith all the relevant documents so that his grievance/payment of compensation is considered.

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The writ petition stands disposed of granting said

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liberty.

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It is made clear that this Court has not expressed any opinion.

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(Rajiv Roy, J)

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kiran/-

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Surendra Kumar Thakur v. The Union of India

Case brief

What is this about?

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Surendra Kumar Thakur v. The Union of India

Case brief

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