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2019 DIGILAW 808 (PAT)

Ramashish Prasad Sharma v. State of Bihar

2019-05-27

SANJAY PRIYA

body2019
SANJAY PRIYA, J.:–This writ application has been filed by the petitioners for issuing direction to the respondent authority to pay compensation amount with interest for acquisition of raiyati land of the petitioners and others co-villagers, which were forcibly occupied by the Contractor without any prior notice and proper acquisition process as well as without payment of any compensation of the said land to the petitioners and others and made “River Bandh” without any information and consent of the villagers. 2. Heard Mr. Ramsushawan Singh, counsel for the petitioners and Mr. Nagendra Kumar, A.C. to AAG-IX, appearing on behalf of the State. 3. Counsel for the petitioners submits that Irrigation Department, Government of Bihar, started construction work of “River Bandh” over the raiyati land of the petitioner No. 1 in Mauza Sonchari, Thana No. 60, Khata No. 36, Plot No. 3223, Area 69 feet and other co-villagers without any notification and payment of compensation to the petitioners and other co-villagers. The petitioners have filed representation on 9.2.2015 before the Anchaladhikiari, Parbalpur, Distt. Nalanda. He further submits that Revenue Karamchari vide letter dated 28.12.2015 has submitted report to the Circle Officer, Parwalpur, Distt. Nalanda, stating that construction of “River Bandh” on the raiyati land of the petitioners and other co-villagers and cutting of soil by buldozer is causing irreparable loss to the petitioners. The aforesaid report of Revenue Karamchari dated 28.12.2015 has been enclosed as Annexure-2. 4. Counsel for the petitioners submits that earlier in similar matter this Hon’ble Court vide order dated 1.9.2009 passed in CWJC No. 11282 of 2009 has directed the Collector, Biharsharif, Nalanda, to look into the grievance of the petitioners and pass appropriate order. 5. This Court finds that as per report of the Revenue Karamchari dated 28.12.2015, the contention made by the petitioners with regard to cutting of soil and construction of “River Bandh” from raiyati land of petitioner causing damage to him has been found correct. 6. In such circumstances, the petitioners are directed to file detailed representation before the Collector Nalanda (Respondent No. 2) along with report of the Revenue Karamchari dated 28.12.2015 as contained in Anexure-2 with regard to his grievance. The Collector, Nalanda (Respondent No. 2) shall pass appropriate order in accordance with law within a period of three months from the date of filing such representation by the petitioners. The Collector, Nalanda (Respondent No. 2) shall pass appropriate order in accordance with law within a period of three months from the date of filing such representation by the petitioners. The Collector will pass speaking order after giving proper opportunity of hearing to the petitioner and looking into the relevant documents produced by the petitioners. 7. It goes without saying that no portion of raiyati land can be encroached or used for any purpose by the Respondents without adopting proper procedure of acquisition or without taking consent of the raiyati land owners. 8. This writ application is accordingly disposed off with direction and observation made above.