IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13180 of 2007 Ramdasia Devi wife of Late Umapati Dubey, resident of Village Chandrapura P.S.Brahmpur P.O.Hathilpur District Buxar. Versus 1.THE STATE OF BIHAR through the Collector, Buxar. 2.The Collector Buxar 3.The Special Land Acquisition Officer,Flood Protection Scheme,Anishabad, Patna. ----------- 6 20.4.2009. Heard counsel for the petitioner and the State. Petitioner’s prayer is for a direction to the respondents to make payment of his compension in respect of L.A. case no.14 of 2002-03 relating to land of Village Pandeypur Thana no.526, Khata no.8 Plot no.274 measuring an area aof 0.55 acres. The land in question was acquired for construction of Buxar Koilwar Ganga Tatbandh. Petitioner’s grievance is that without verification on the spot and without proper notice to the petitioner, under Section 12(2) of the Land acquisition Act, a wrong award was prepared in the name of dead person. The name of dead person i.e. Janmejay Dubey should have been deleted and award prepared for payment of compensation money in the name of the right persons entitled for compensation. The award was prepared in the name of Janmejay Dubey, though there was no claim on his behalf or his legal heirs since Janmejay Dubey is already dead. The representation of the petitioner dated 9.10.2006 filed before the Special land Acquisition Officer,Flood Protection Scheme,Anishabad, Patna with a request to make fresh enquiry on the spot and on the basis of possession and title award be prepared for compensation, was not considered 2 properly. The petitioner is being directed by the respondents to get an order from the civil court relating to his title and only then the payment of compensation will be made to the petitioner. Counter affidavit has been filed on behalf of the respondents stating that the award has been prepared in the name of Janmejay Dubey on the basis of entry in the records of right. Since the Khatian stands in the name of Janmejay Deubey, as such award has been prepared in his name. The petitioner has brought on record the continuous Khatiana of the land which shows that the records of right with respect to the land do not stand in the name of Janmejay Dubey rather Umapati Dubey, who was the original petitioner and no substituted by his legal heirs, is shown as raiyat in the records of right with respect to lands in question. The statement made in the counter affidavit is incorrect. Accordingly this application is allowed. The respondents specially respondent no.3 is directed to make necessary correction in the award relating to acquired land. Award be prepared in the name of petitioners.This correction must be made within eight weeks from the date of receipt/production of a copy of this order. Steps be taken for making payment of compensation to the petitioner without any further delay, preferably within three months of correction. Sss/- (Mridula Mishra, J)