IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.390 of 2011
RAM PAREKHA JAMINDAR, SON OF LATE BENI JAMINDAR @ RAM
PAREKHA JAMADAR, RESIDENT OF VILLAGE-FUTHARAWA,
POLICE STATION, NABI NAGAR, DISTRICT AURANGABAD
...PETIIONER
Versus
1. THE STATE OF BIHAR
2. THE LAND REFORMS DIRECTOR, BIHAR, PATNA
3. THE COLLECTOR OF THE DISTRICT, AURANGABAD
4. THE DISTRICT LAND ACQUISITION OFFICER
5. THE ADDITIONAL COLLECTOR, AURANGABAD
6. THE ANCHAL ADHIKARI, NABI NAGAR, AURANGABAD.
...RESPONDENTS
For the petitioner :Mr. Udit Narayan Singh &
:Mrs. Poonam Kumari
For the State :Mr. Ravindra Kr. Priyadarshi, AC to AAG I
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02. 13.01.2011 Heard learned counsel for the petitioner and the
State.
It is the case of the petitioner that the lands set out in
paragraph 4 (Khata No.46, Plot No.106, area 10 acres, and
Khata No.15 Plot No.461 area 21 acres, total area 31 acres
situated in village Jhikatia, P.S.Nabinagar, Aurangabad) belong
to the petitioner by way of settlement from the ex-landlord,
followed by return and opening Jamabandi in his name. It is
further the case of the petitioner that those lands have been
acquired by the respondents for construction of Nabi Nagar
Thermal Power Project. It is the stand of the petitioner that he
has not been paid compensation therefor. Learned counsel
submits that present application may be disposed of in terms of
order contained in annexure 6, whereby similarly situated
petitioners had moved this Court and the matter was considered
and disposed of directing them to approach the respondent-
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District Land Acquisition Officer, Aurangabad by filing
appropriate representation supported by the documents and the
said authority was directed to consider and dispose of the same
in accordance with law.
Learned counsel for the State, on the other hand,
summits that the lands in question were found to be Gairmazarua
lands and, as such, petitioner would not be entitled to receive
compensation therefor. He, however, concedes that identical writ
petition filed before this Court was disposed of by order dated
03.11.2009 (Annexure-6) and he shall have no objection if the
present application is also disposed of in the aforesaid terms.
Having considered the submissions made by the
parties, this Court disposes of this writ application by the
following order:
Let the petitioner file a detailed representation
supported by documents of title before the respondent-
District Land Acquisition Officer, Aurangabad within a
period of four weeks from today together with a copy of
this order. If such a representation supported by the
documents is filed before the said authority within the
aforesaid time, this Court expects that the said authority
shall consider and dispose of the same in accordance
with law as expeditiously as possible, preferably within
three months from the date of filing of the
representation.
( Kishore K. Mandal )
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