IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16921 of 2008 RADHEY SHYAM SINGH, Son of Late Mahendar Singh, resident of Shrastidera, P.S. Itarhi, District- Buxar......................Petitioner. Versus 1. The State of Bihar. 2. District Magistrate-cum-Collector, Buxar. 3. District Land Acquisition Officer, Buxar. 4. Sub Divisional Officer, Buxar, District- Buxar. 5. Chief Engineer, Power Grid, Buxar..........................Respondents. ----------- 4. 07.11.2009. Heard counsel for the petitioner and the State. Petitioner and the applicant of I.A. No. 3378 of 2009 claim themselves to be the Raiyat of Plot Nos. 269 area of 1.54 Acres, Plot No. 272 area 2.45 Acres appertaining to Khata No. 47 and Plot No.270 appertaining to Khata No. 48 area of 2.48 Acres of Village- Nathpur, Thana No. 276 within Itardhi police station in the district of Buxer. During the consolidation proceeding, three plots were carved into plots bearing No. 548 an area 1.25 Acres, 555 an area of 1.52 Acres, 551 an area of 13 Acres and 552 an area of 2.60 Acres. It is further case of the petitioner that during consolidation proceeding, the plots were erroneously recorded in the name of the State of Bihar. No sooner, the father of the petitioner learnt about such error in recording the ownership of the plot, he approached the authorities and ultimately in compliance of the orders dated 30.07.1997 passed by the Joint Director, Consolidation, Headquarter, Bihar, Patna, in Revision Case No. 328 of 1995 ownership of the plots was corrected and recorded in the name of the father of the petitioner and he is 2 paying the rent of the lands in question. Ignoring the ownership of the father of the petitioner over the lands in question the authorities of the Bihar State Electricity Board have erected a sub station over the aforesaid land and till date the father of the petitioner has not been paid any compensation for such erection of the sub station either by the Board or the State authorities. It is submitted that the authorities of the Board could not deprive the petitioner and the intervener of their raiyati interest in the land without acquiring the same for public purpose, namely, erecting the sub station. Having heard the counsel for the petitioner, intervener and the State, I direct the petitioner and the intervener to represent before the Chairman of the Board as also the Collector of the District with their documents to establish the ownership over the lands in question and the Chairman after perusing the documents as also after making due enquiry should either pass a reasoned order or make a requisition to the Collector for acquisition of the aforesaid land and the Collector should also examine the nature of the documents on the basis of which petitioner/intervener are claiming their ownership of the lands in question and if the Collector is satisfied that over the lands of the petitioner/intervener the Board has erected a sub station then he shall call upon the Chairman to submit the requisition and ensure that in terms of the acquisition proceeding is concluded at the earliest and petitioner/intervener are paid the due compensation. If the Collector is not satisfied about the 3 correctness of the claim of the petitioner then he shall pass a reasoned order rejecting the claim of the petitioner. The enquiry as has been directed under this order with regard to the claim of the petitioner should be concluded by the Chairman/Collector of the District within a reasonable time in any case within three months from the date of receipt of petition received by the Chairman/Collector of the District alongwith this order. This application is, accordingly, disposed of. U.K. (V.N.Sinha,J)