IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2125 of 2009 RAJENDRA THAKUR, SON OF LATE BHOLA THAKUR, RESIDENT OF VILLAGE CHHOTI KOTHIYA, P.O. KOTHIYA, P.S. MUFFASIL, DISTRICT KHAGARIA. ----- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, BIHAR, PATNA. 2. THE SECRETARY-CUM-COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR, PATNA 4. THE DEPUTY SECRETARY-CUM-INCHARGE, MONITORING, EVALUATION AND SAMIKSHA KOSHANG, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR, PATNA. 5. THE DIRECTOR, OFFICE OF THE LAND ACQUISITION DIRECTORATE, REVENUE AND LAND REFORMS DEPARTMENT, BIHAR, PATNA 6. THE COLLECTOR, KHAGARIA 7. THE DISTRICT DEVELOPMENT OFFICER, KHAGARIA 8. THE DISTRICT LAND ACQUISITON OFFICER, KHAGARIA 9. THE SPECIAL LAND ACQUISITON OFFICER, KHAGARIA ----------- 3 24.9.2010 Petitioner is claiming that he should be paid compensation with respect to land appertaining to Jamabandi No. 102, Khata No. 31, Khesra No. 831 measuring 30 decimals. The said land has been acquired for construction of a railway line for laying down a broad line between Khagaria to Kusheshwar Asthan. The dispute has arisen with respect to the title of the land acquired. The petitioner submits that an enquiry was conducted in the case and the District Land Acquisition Officer, Khagaria had found that the petitioner had valid title. In any 2 event, no order was passed. In the counter affidavit, it has been stated that the petitioner is claiming the land in the capacity of being the grand son (Nati) of Sanjho Devi, whereas one Mahesh Kumar Hirwani claims that he had purchased the land through a registered sale deed in the year 1968. Mahesh Kumar Hirwani and others filed an objection regarding the title of the petitioner. The petitioner has also filed an objection regarding the title of the said Mahesh Kumar Hirwani. There is a specific statement in the counter affidavit at page 8 that “However with regard to compensation of .30 decimal of land selected in Thana No. 262, Khesra 831 the same as stated in the aforesaid paragraph the ownership is in dispute hence the award amount of Rs. 1,79,093 has not been paid to anyone.” Considering that there is a dispute with respect to the ownership of the land, the Land Acquisition Officer is bound to refer the matter to the competent Court. It is not at all fair to keep the matter pending for so many years and thereby 3 depriving the rightful owner of the land from getting the compensation amount. The matter should be sent forthwith for adjudication, to the competent Court so that it may be concluded within a period of one year. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)