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2011 DIGILAW 1836 (PAT)

Bhola Sharma v. State Of Bihar

2011-08-29

JYOTI SARAN

body2011
JUDGMENT : Heard Mr. Gopal Govind Mishra, learned counsel appearing on behalf of the petitioner and Mr. Himanshu Kumar Akela, learned Assisting Counsel to G.A.3 appearing on behalf of the State. 2. The writ petition has been filed seeking compensation for the loss suffered by the petitioner by reason of the extraction of Earthen Soil from his plot bearing no.1135 and plot no.1301 of khata no.166 and 132 respectively having an area of about 5 katha situated at Ginji village in the district of Jehanabad. 3. It is stated that the respondent authorities in the department of Rural Engineering Organisation at Jehanabad, in the process of construction of a road, have ruined the standing crops of the petitioner and have also cut into the earthen soil of the petitioner from the plots in question. It is also stated that the said action has been carried out by the respondent authorities of the Rural Engineering Organisation with the aid and assistance of the contractor, the respondent no.5, and without any notice to the petitioner as also without payment of any compensation for the loss aforesaid. 4. It is contended that the respondents in the process have dug into about 6-7 ft. into the plots of the petitioner. 5. Learned counsel for the petitioner submits that in response to his application seeking information from the respondent department in this regard, under the Right to Information Act, he was informed by the Public Information Officer of the Rural Engineer Department, Works Division, Jehabanad that there was no provision for payment of any compensation. In these circumstances the present writ petition has been filed seeking compensation of Rs.50000/- for loss suffered by him as detailed above. 6. Despite repeated adjournments, the respondents have not filed any counter affidavit. 7. Obviously, if the petitioner has suffered loss of property at the hands of the respondent department, he needs to be amply compensated by the said department and who can not seek refuge of absence of provision to pay compensation in these matters. 8. Considering the circumstances, the writ petition is disposed of with liberty to the petitioner to raise his grievance together with the supportive materials before the respondent no.3 the Executive Engineer, Rural Engineering Organisation, Jehanabad. 9. 8. Considering the circumstances, the writ petition is disposed of with liberty to the petitioner to raise his grievance together with the supportive materials before the respondent no.3 the Executive Engineer, Rural Engineering Organisation, Jehanabad. 9. Needless to mention that if any such representation seeking compensation is filed by the petitioner, the same shall be considered and disposed of in accordance with law by the Executive Engineer, Rural Engineer Orgnisation, Jehanabad within a period of three months from the date of filing of such representation by a speaking ORDER :.