IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16945 of 2009 1. SANJAY KUMAR S/O LATE INDER PRASAD SINGH R/O MOH- MAKHDUPUR, BANS KOTHI, P.O. DIGHA GHAT, P.S. DIGHA, DISTT. PATNA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, PATNA 3. THE DISTRICT LAND ACQUISITION OFFICER, PATNA 4. THE BIHAR STATE HOUSING BOARD, REPRESENTED THROUGH ITS CHAIRMAN BIHAR, PATNA, 6, SARDAR PATEL MARG, PATNA 5. THE MANAGING DIRECTOR, THE BIHAR STATE HOUSING BOARD, 6, SARDAR PATEL MARG, PATNA 6. THE UNION OF INDIA, THROUGH CENTRAL PUBLIC WORKS DEPTT., GOVT. OF INDIA HAVING ITS ZONAL OFFICE, WEST BORING CANAL ROAD, PATNA 7. THE EXECUTIVE ENGINEER CENTRAL PUBLIC WORKS DEPTT., GOVT. OF INDIA HAVING ITS OFFICE IN WEST BORING CANAL ROAD, PATNA with CWJC No.17096 of 2009 KANTI DEVI, W/o- Late Inder Prasad Singh, resident of Mohalla- Makhdupur, Bans Kothi, P.O.- Digha Ghat, P.S.- Digha, District- Patna . Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, PATNA 3. THE DISTRICT LAND ACQUISITION OFFICER, PATNA 4. THE BIHAR STATE HOUSING BOARD, REPRESENTED THROUGH ITS CHAIRMAN BIHAR, PATNA, 6, SARDAR PATEL MARG, PATNA 5. THE MANAGING DIRECTOR, THE BIHAR STATE HOUSING BOARD, 6, SARDAR PATEL MARG, PATNA 6. THE UNION OF INDIA, THROUGH CENTRAL PUBLIC WORKS DEPTT., GOVT. OF INDIA HAVING ITS ZONAL OFFICE, WEST BORING CANAL ROAD, PATNA 7. THE EXECUTIVE ENGINEER CENTRAL PUBLIC WORKS DEPTT., GOVT. OF INDIA HAVING ITS OFFICE IN WEST BORING CANAL ROAD, PATNA ----------- For the petitioners :- Mr. Prakash Srivastava & Mr. Santosh Kumar Bharti, Advocates. For the Housing Board :- Mrs. Nilu Agrawal. For the State :- A.C. to A.A.G.-III, For the Union of India :- Mr. Ragib Ahsan, Advodate. ==== 3. 08.12.2009. Heard learned counsel for the petitioners, State, Union of India and the counsel for the Bihar State Housing Board, Patna. 2. Petitioners in the two writ applications are mother and son. They have filed these petitions praying inter alia to direct the State-respondents to pay them compensation for 55 decimals of land each of Plot No. 1455 and 2322 appertaining to Khata No. 1068 and 1069 respectively of Village Digha, P.S.- Rajiv Nagar, District- Patna which was acquired by the State for the purposes of Housing Board and thereafter transferred to the Central Public - 2 - Works Department. 3. It is submitted on behalf of the petitioners that the lands were acquired pursuant to Land Acquisition Case No. 55/1975-76 but till date inspite of delivery of possession the petitioners have not been paid compensation of the lands-in-question. 4. Counsel for the State, A.C. to A.A.G.-III states that the compensation of the lands-in-question has already been deposited in the treasury in the name of Sri Tulsi Prasad on 06.08.1996. 5. Counsel for the Bihar State Housing Board states that the amount for compensation was deposited by the Board long long ago. 6. Having heard counsel for the parties, I am of the view that petitioners should appear before the District Magistrate, Patna and file a petition claiming the compensation which has been deposited in the name of Sri Tulsi Prasad in the treasury at Patna on 06.08.1996 and if the Collector is satisfied that petitioners are the legal heirs of Sri Tulsi Prasad as Sri Tulsi Prasad was the grand father of Sanjay Kumar and father-in-law of Mosmat Kanti Devi, then he should ensure payment of compensation amount to the two petitioners to the extent they are entitled in accordance with law. Entire exercise in compliance of this order be made by the learned Collector as early as possible, in any case within a period of two months from the date of receipt of the representation along with a certified copy of this order. 7. The writ applications are, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)