IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4672 of 2010 1. RAJENDRA CHOUDHARY @ RAJENDRA PD. CHOUDHARY @ RAJENDRA PD. MEHTA S/O LATE JANGU CHOUDHARY R/O WARD NO.4, NAWADA MUNICIPALITY NAWADA, NEAR MAIN ROAD (BRIDGE), NAWADA, P.S.- NAWADA, DISTT.- NAWADA 2. BIRENDRA CHOUDHARY @ HIRA CHOUDHARY @ BIRENDRA PRASAD CHOUDHARY @ BIRENDRA KUMAR CHOUDHARY S/O LATE JANGU CHOUDHARY R/O WARD NO.4, NAWADA MUNICIPALITY NAWADA, NEAR MAIN ROAD (BRIDGE), NAWADA, P.S.- NAWADA, DISTT.- NAWADA 3. KANHAIYA LAL MAHATHA @ KANHAIYA LAL CHOUDHARY S/O LATE JANGU CHOUDHARY R/O WARD NO.4, NAWADA MUNICIPALITY NAWADA, NEAR MAIN ROAD (BRIDGE), NAWADA, P.S.- NAWADA, DISTT.- NAWADA 4. RAMCHANDRA CHOUDHARY @ RAMCHANDRA PRASAD CHOUDHARY @ RAMCHANDRA PRASAD MAHATHA S/O LATE JANGU CHOUDHARY R/O WARD NO.4, NAWADA MUNICIPALITY NAWADA, NEAR MAIN ROAD (BRIDGE), NAWADA, P.S.- NAWADA, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR NAWADA COLLECTORIATE, NAWADA 3. THE ADDITIONAL COLLECTOR NAWADA COLLECTORIATE, NAWADA 4. THE DISTRICT LAND ACQUISITION OFFICER NAWADA 5. THE CIRCLE OFFICER NARHAT CIRCLE NARHAT (NAWADA) ----------- 5. 09.04.2010. Heard learned counsel for the petitioners and the State who has also filed counter affidavit and supplementary counter affidavit and petitioners have filed rejoinder to those affidavits. 2. The lands in-question measuring 15 decimals bearing Plot No. 918 appertaining to Khata No. 181 of Ward No. 4, Nawada Municipality was acquired by Mushari Pasi, the great grand father of the petitioners through registered sale-deed dated 8.7.1940 which is contained in Annexure-11/A to the rejoinder affidavit. Having acquired the lands residential house was raised over the same by the petitioners and the raiyati Khatiyan bears testimony of the said fact. Copy of the raiyati Khatiyan is Annexure-1, wherefrom it appears that over - 2 - the lands in-question there is a house. During the revisional survey the lands in-question was recorded in the name of Nawada District Board, whereafter petitioners filed their objection before the Survey Superintendent under Section 9 of the Bihar and Orissa Municipal Survey Act praying inter alia to make correction in the municipal Khatiyan. The objection of the petitioners was considered by the Assistant Superintendent who under orders dated 15.12.1986 allowed the same and directed that the house/lands in-question be recorded in the name of the petitioners. The copy of the order passed by the Assistant Superintendent is contained in Annexure-11 to the rejoinder affidavit. Ignoring the aforesaid factual status of the land the Bridge Corporation of the State without acquiring the lands in-question demolished the house of the petitioners and raised a bridge over the lands in- question. By filing this writ petition petitioners are praying inter alia to direct the Collector, Nawada to issue appropriate notification under Sections 4 and 6 of the Land Acquisition Act and make payment of the compensation amount as petitioners have been divested of their house property without compensation which is violative of Article 300A of the Constitution of India. 3. Counsel for the State has opposed the aforesaid prayer. He states that without acquiring the lands in-question if the petitioners permitted the Bridge Corporation to raise the bridge they should thank their - 3 - own lot for not approaching this Court before demolition without acquisition. 4. I regret not to accept the submission raised by the counsel for the State and direct the Collector, Nawada to examine the status of the lands in-question as detailed in paragraph 1 of the writ application and if the same belongs to the petitioners by virtue of the registered sale- deed dated 8.7.1940, as contained in Annexure-11/A to the rejoinder affidavit then the Collector should ensure that the said land is acquired and compensation therefor be paid to the rightful owner(s) as it is admitted position that over the lands in-question the bridge has already been raised by the State Bridge Corporation. Necessary orders in the light of my order be passed by the Collector, Nawada as early as possible, in any case within one month from the date of receipt/production of a copy of this order and if the petitioners are found title holder of the lands in-question then proceeding for acquisition be completed within another three months during which time compensation amount should also be paid to the petitioners. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)