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1981 DIGILAW 77 (PAT)

Vishwanatha Pd. v. State of Bihar

1981-04-01

B.P.JHA, UMESH CHANDRA SHARMA

body1981
BY COURT In an application under Articles 226 and 227 of the Constitution these petitioners pray for issue of a writ of mandamus upon the respondents for payment of compensation to them under the provisions of the Bihar Land Reforms Act. 1950, (hereinafter referred to as the Act). In the prayer portion, it is prayed that a writ of mandamus may be issued upon the respondent directing them to pay to the petitioners a sum of Rs. 61, 518.92 Paisa and Rs. 4,858.15 Paisa to the petitioner as compensation under the provisions of the Act. 2. It is an admitted position that the estate of late Shri Har Narain Prasad vested in the State of Bihar on 1.1.1956, In this circumstances learned counsel for the petitioners contends that the petitioners be paid compensation from the date of vesting. In our opinion, these petitioners are entitled to compensation from 1.1.1956, i.e. the date of the vesting. 3. The advocate General disputes about the correctness of the amounts mentioned in the prayer. He, therefore, submits that the amount should be calculated in accordance with the provisions of the Act. The position is admitted that since the date of vesting these petitioners have not been paid principle comprise and regret that though the vesting took place on place on 1.1.1956, yet the compensation has not been paid to these petitioners. In this circumstance, we direct the respondents to pay compensation as stated above, or the amount calculated in accordance with the provision of the Act, to the petitioners from the date of the vesting (1.1.1956) in bonds payable to petitioners entitled to under section 20 of the Act, read with rule 34[a] of the Bihar Land Reforms Rules which six months from to day. 4. In the result, the petition is allowed. Let a writ of mandamus be issued upon the respondents to carry out the directions mentioned above. Parties will bear their own costs. Let a copy of this order be given to the petitioners and to the State Counsel. Application allowed.