IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16950 of 2010 SHRI BHAGWAN RAI S/O LATE SAHTU YADAV, R/O VILLAGE- JAGANPURA, P.S.-RAMKRISHNA NAGAR, DISTRICT-PATNA. ……….Petitioner. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, DEPARTMENT OF REVENUE, GOVT. OF BIHAR, PATNA. 2. COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF REVENUE, GOVT. OF BIHAR, PATNA. 3. THE COLLECTOR, PATNA, PATNA COLLECTARIATE, PATNA. 4. DISTRICT LAND ACQUISITION OFFICER, PATNA. 5. SRI RAJGIR RAI, S/O LATE RAM DAS RAI, R/O VILLAGE- GOPALPUR, P.O.-GOPALPUR, P.S.-GANNICHAK, DISTRICT- PATNA. 6. SMT. SAVITRI SHARMA, S/O SRI ABHINANDAN SHARMA, R/O AMARPUR, P.S.-BIHPUR, DISTRICT-BHAGALPUR. 7. ANJANI KUMAR SINGH, S/O RAJ NANDAN SINGH, R/O VILLAGE- REWA, P.S.-MASAURHI, DISTRTICT-PATNA. 8. SRI VIMLENDRA CHAUDHARY S/O LATE MAHAVIR CHAUDHARY, R/O VILLAGE-KALA BALUA, P.S.-RANIGANJ, DISTRICT-ARARIYA. ………Respondents. ----------- 03 21.01.2011 Both sides present and heard. Petitioner’s grievance is about non-payment of compensation amount against acquisition of 0.185 acres of land appertaining to Khata No. 348, Plot No. 28, Tauzi No. 228 and Thana No. 122, situated in Mauza-Bairia, Pargana- Azimabad, P.S. Phulwari in the District of Patna. It is admitted position that the lands stood acquired. The case of the petitioner is that he purchased the aforesaid land by reason of a sale deed executed in his/their favour by Sita Ram Rai. It is further his case that thereafter he got his name mutated in respect of land so purchased by him and is/are paying rent regularly under receipts. Learned counsel further submits that a dispute with regard to the lands in question had arisen between the vendors of the petitioner and their tenants which ultimately ended in a compromise entered into in Title Suit No. 23/200 of 1967-72 (Annexure- 3). It is submitted that even then the compensation amount in respect of the said land has not been disbursed in his favour which prompted him to approach the authority under the Act by filing representation(s) contained in Annexures 1 and 2. Learned counsel for the petitioner submits that in view of the attending facts of the case the authorities under the Land Acquisition Act may be directed to consider and dispose of his pending representations and if the documents placed by the petitioner satisfy the said authority then to disburse the compensation amount in favour of the petitioner. Learned counsel for the State submits that prima facie there appears to be some dispute relating to title of the land claimed by the petitioner. Petitioner, in that situation, has to approach the authority under the Act by filing appropriate representation placing all relevant documents in order to satisfy the authority that the petitioner is the rightful owner of the lands claimed by him which stood acquired. Having considered the submissions made on behalf of the parties, this Court is satisfied that this mater can be disposed of by the following order:- Let the petitioner approach the respondent No. 4 (District Land Acquisition Officer, Patna) by filing detailed representation supported by all relevant documents claiming compensation in respect of the lands claimed by him within five weeks from today alongwith a copy of the present order. Once such application is filed within the aforesaid time, this Court expects that the respondent authority shall consider and dispose of the same as expeditiously as possible preferably within a period of three months from its filing. Needless to observe that if the authority under the Act, is convinced/satisfied that the petitioner has rightful claim over the lands, then the authority shall disburse the amount of compensation in his favour without unnecessary delay. This Court further observes that if the said respondent is prima facie convinced that there is a serious dispute of title between the parties, then said application may treated the application filed under Section 30 of the Act and thereafter, needful steps shall be taken as provided in law. In that event the compensation amount paid in favour of any person shall be subject to final adjudication of the said proceeding. Safik ( Kishore K. Mandal, J. )