IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1926 of 2009 1. Mahanth Goswami Madhusudan Sharan Ramji, resident of village Rajipur, Police Station Bikram, District Patna at present residing at Alamganj Math, Police Station, Guljarbagh District- Patna ......Petitioner Versus 1. Sh.Jitendra Kumar Sinha, Collector, Patna District- Patna 2. Shri S. N. Jha, Additional Collector Patna District- Patna 3. Dr. C. Ashok Bardhan, Land Reforms Commissioner, Commissioner & Secretary, Revenue Land Reforms Department, Govt. of Bihar 4. The State of Bihar ----------- For the Petitioner: Mrs. Namrata Mishra, advocate For the State: Mr. S. Raza Ahmad, AAG IX ----------- 8 06-07-2011 Heard the parties. It appears that on account of proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, some lands of the petitioner were taken over by the State as surplus land but the compensation provided under the Act was not paid to the petitioner. The claim for compensation in accordance with law was considered and disposed of by this court vide order dated 24-4-1991 passed in CWJC no. 4350 of 1984. The present contempt proceeding has been filed alleging violation of that order contained in annexure-1. Through three different show causes the opposite parties have taken the stand that orders for payment of compensation in cash as well as for issuance 2 of bonds in terms of provisions under the Act have been passed in favour of the petitioner for major portion of lands. However, in respect of lands under Bikram Anchal a plea has been taken that the lands were not actually surplus lands but it had already been settled by the petitioner to different Raiyats who are in occupation and, therefore, no compensation is payable for that lands. Learned counsel for the petitioner submits that view of the opposite parties is legally not correct because the order of acquisition of these lands have not been set aside to the knowledge of the petitioner as yet. It is further submitted that several other plots of lands under Dulhin Bazar and other Anchals which were included in the notification for acquisition but have not been included in the calculation made for payment of compensation. Further grievance has been raised that even the compensation ordered by the authorities has not been paid as yet. Considering the order of the writ court that compensation be paid by the State Government in accordance with law and the stand of the opposite parties 3 that they have paid whatever was payable by them in accordance with law, this contempt application is disposed of because it is not deemed proper to enter into issues of law and facts in exercise of contempt jurisdiction. However, liberty is granted to the petitioner that, if so advised, he may file a representation in the matter before the Collector for getting the calculations verified and if there be any mistake, to get the mistake rectified leading to proper calculation of compensation. In case such a representation is filed raising objection against the decision taken by the respondents in respect of compensation, it shall be disposed of at an early date, preferably, within two months from the date of its filing. If any error is found and petitioner is found entitled to further relief, such relief should be made available to him within one month from the date of disposal of the representation. If any objection of the petitioner is not found acceptable, reasons in brief should be communicated to him for not accepting the objections and it would be open for the petitioner to challenge such a decision thorough appropriate 4 proceeding in accordance with law. The compensation which has been found payable to the petitioner should be paid to him without any delay and in any case within four weeks from today. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)