IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.13920 OF 2010 MD.MOBARAK KHAN, SON OF MD. JUBAIR KHAN, RESIDENT OF VILLAGE MALHARI, POLICE STATION IMAMGANJ, DISTRICT GAYA …..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, GAYA 3. THE SUB DIVISIONAL OFFICER, GAYA 4. THE CIRCLE OFFICER, IMAMGANJ, GAYA 5. THE SUB DIVISIONAL OFFICER, SHERGHATI, GAYA ……………………………………………………………………………RESPONDENTS ********** 4 04/11/2010 On 24.08.2010 and again on 23.09.2010, Counsel for the State was granted time to seek instructions in this matter. The writ application has been filed seeking a direction from this Court to ask the respondent-State to pay compensation to the petitioner for the use of his raiyati lands appertaining to Khata No. 382, Plot No. 1492, measuring 39 decimals and the lands appertaining to Khata No. 632, Plot No. 1480, measuring 28 decimals, situated in village Malhari, thana no. 227, Anchal Imamganj in the district of Gaya. The grievance of the petitioner is that the State has utilized these lands for construction of a canal and an overbridge without making any payment to the petitioner. The case of the petitioner is that the father of the petitioner had filed Rent Fixation Case No. 128 of 1955- 2 56 in the Court of the Sub Divisional Officer, Gaya for fixation of rent of the said Bakhast lands of Zubair Khan. Accordingly, the Sub Divisional Officer vide Annexure-1 fixed the rent. Zubair Khan, thereafter gifted 14 acres out of 61 decimals of lands appertaining to Khata No. 191, comprising of Plot No. 735 & 1417; Khata No. 330, Plot No. 733 & 756 and Khata No. 331, Plot No. 732 through a deed of gift to the petitioner. The petitioner got his name mutated in the year 2009-10. The petitioner filed a representation before the District Magistrate, Gaya bringing to his notice the aforesaid facts, however, the application has remained pending since 27.07.2010. In the result, I direct the District Magistrate, Gaya to look into the matter and ascertain whether any canal or any other construction has been done on the lands of the petitioner. The District Magistrate may delegate this matter to the Additional Collector for the purpose of spot enquiry and for the purposes of passing an order after hearing the petitioner and inspecting the spot in present of the petitioner. The petitioner is directed to appear before the District Magistrate, Gaya along with a copy of this order within a period of six weeks from the date of receipt of a copy of this order. The District Magistrate/the Additional Collector, Gaya will pass appropriate orders within a 3 period of four months thereafter. If, in case it is found that the lands in question are the raiyati lands of the petitioner and the State or any of its agencies have utilized the lands for the purposes of construction of a canal or for any other purposes, the District Magistrate, Gaya will send a requisition to the concerned department which has made the construction, who will take steps in accordance with law for initiation of a land acquisition proceeding within a period of six months of the recommendation of the District Magistrate, Gaya. This writ application is disposed of with the aforesaid observations and directions. Anand (Sheema Ali Khan, J. )