Patna High Court
Ajeet KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the writ petition cannot be entertained as the State has initiated a certificate case for recovery of the compensation, and the matter should be resolved therein.
Summary
The petitioner, Ajeet Kumar, challenged an order dated 28 August 2017 that directed him to refund compensation received for land acquired for a Mega Industrial Park, on the ground that the objection was filed by a different Shanti Devi. He sought to quash the order, stay a consequential notice, and refer the dispute to the appropriate authority. The State of Bihar initiated a certificate case to recover the amount, arguing that the petitioner had failed to refund. The court noted that the certificate proceeding was already underway and directed its speedy conclusion. Consequently, the writ petition was disposed of, with all interim orders merged into the final order.
Issues considered
- Whether the order directing the petitioner to refund compensation is legally valid.
- Whether the writ petition seeking quash of the refund order and stay of notice should be entertained.
- Whether the objection filed by a different Shanti Devi affects the award of compensation.
- Whether the initiation of a certificate case for recovery bars the writ petition.
Subjects
- land acquisition
- compensation
- refund
- certificate case
- objection
- writ petition
- industrial park
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14155 of 2017
======================================================
Ajeet Kumar Son of Late Yashwant Prasad, resident of Village- Yamunapur
P.S. Bihta, District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The District Magistrate, Patna.
3. The Land Aquisition Officer, Patna.
4. The Additional Land Acquisition Officer, Patna.
5. The Circle Officer, Bihta. '
6. Shanti Devi, W/o Late Yashwant Prasad, resident of Village Yamunapur, P.S.
Bihta, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kumar, Adv.
For the Respondent/s : Mr. Raj Kishore Roy-Gp18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 31-01-2026 I.A. No. 02 of 2022
The present I.A. has been preferred by Shanti Devi
submitting that though she was the objector which followed the
notice/order, the petitioner suppressed the said fact and instead
has made an imposter, Shanti Devi (respondent no. 6), wife of
Yashwant Prasad as party respondent in this case.
2. Considering the aforesaid fact and in the interest of
justice, it is essential that I.A. No. 02 of 2022 is allowed and
another Shanti Devi, wife of Awadh Kishore Saw who was
objector before the respondent authorities be impleaded as
respondent no. 7 in the present petition.
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CWJC No. 14155 of 2017
3. Heard the parties.
4. The present application has been preferred for the
following relief(s):
(a) To quash the impugned order
(Annexure P-6) dated 28. 8. 17 passed by
respondent No. 4 (Additional Land
Acquisition Officer, Patna) in Land
Acquisition Case No. 1/ 2011-12 Whereby
and where under the earlier award and
Compensation given to petitioner with
respect to his acquired raiyati land has been
reviewed on a Objection petition filed by
Private respondent no. 6 at a belated stage
and accordingly the petitioner has been
directed to refund the Compensation money.
(b)To stay the Consequential
notice Contained in Memo No. 256 dated 29.
8. 2017 (Annexure P-7) issued in light of
impugned order by respondent to petitioner
to refund the award money amounting to Rs.
1893511/- ( Eighteen lacs Ninety here
thousand five hundred eleven) by 13.9. 2017
(c) To refer the whole matter
arising out of Land Acquisition Case No.
01/2011-12 pertaining to Mauja Sikandarpur
Thana No. 51, Khata No. 58 Khesra No. 729
Rakba 0. 47 Acre to Authority for
adjudicating the claim of the parties with
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respect to aforesaid disputed land.
(d) For any other relief/ reliefs for
which the petitioner may be entitled in the
present facts and circumstances of the case.
5. The matter relates to Land Acquisition Case No. 01
of 2011-12 pertaining to Mauja- Sikandarpur, Thana No. 58,
Khesra No. 729, Area- 0.47 acre pursuant to Land Acquisition
Proceeding No. 01 of 2011-12 for construction of Mega
Industrial Park in the district of Patna.
6. The petitioner submitted document and received
compensation amount but later, Shanti Devi, wife of Awadh
Kishore Saw, resident of Village- Yamunapur, Bihta, Patna made
an application that the land belongs to her and the petitioner has
wrongly received the compensation amount and as such,
direction was issued to refund Rs. 18,93,511/-.
7. Challenging the same, the writ petition.
8. A counter affidavit has come on behalf of the State
respondent and in paragraphs 9 and 10, it has been recorded that
since the petitioner failed to refund the amount, a process has
been initiated for initiation of certificate case for the recovery of
the amount vide an order dated 07.11.2017.
9. Learned counsel for the petitioner after some
argument submits that he shall be appearing before the said
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certificate case to prove his point.
10. Shanti Devi, wife of Awadh Kishore Saw submits
that she shall also be appearing and shall be proving her point
before the said certificate proceeding.
11. Considering the aforesaid submissions as also the
fact that State has gone for certificate case for the realization of
the amount, directing the Presiding Officer to conclude it at an
earliest if still not concluded, the writ petition is disposed of.
12. All the I.A.(s) and the interim orders stand merged
with the final order.
(Rajiv Roy, J)
Vijay Singh/-
U
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