IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14651 of 2008 TAPESHWARI PRASAD SINHA, SON OF LATE GAJRAJ SINGH, RESIDENT OF VILLAGE JALALPUR, POLICE STATION RUPASPUR, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, REVENUE AND LAND REFORM, DEPARTMENT (LAND ACQUISITION DIRECTORATE, GOVERNMENT OF BIHAR) BIHAR, PATNA 3. THE COLLECTOR, PATNA 4. THE ADDITIONAL COLLECTOR (INCHARGE LAND ACQUISITION) PATNA 5. THE DISTRICT LAND ACQUISITION OFFICER, PATNA 6. THE GANGA RAIL BRIDGE CONSTRUCTION PROJECT, THROUGH ITS PROJECT MANAGER/OFFICER, PATNA ………………………………………………………………………RESPONDENTS ********* 2 02/07/2009 The petitioner has filed this writ application challenging the order dated 08.04.2003 passed by the District Land Acquisition Officer by which he has held on the basis of the report received from the Danapur circle that the lands appertaining to khata no. 76 plot no. 452 mouza Jalalpur measuring area 0.35 acres of land is recorded as GAIR MAZRUA MALIK. Learned Counsel for the petitioner submits that the petitioner has been paying rent to the State of Bihar for 0.3 acres of land and that the land was settled to him by the malik/ex-landlord. He also challenges the fact that there is a school running on the portion of the land which he claims to be in his possession i.e. 0.3 acres. These facts would have to be ascertained by the competent authority i.e. the Land Acquisition Officer/the Collector of the District and the Land Acquisition Officer/ - 2 - the Collector of the District would be the competent authority to examine the claims of the petitioner before passing an order rejecting or accepting the claim of the petitioner. I, therefore, direct that the petitioner should move before the Land Acquisition Officer and produce all the relevant documents and state his claim for payment of compensation before him. On receipt of the application, the Land Acquisition Officer would necessarily have to pass a speaking order with respect to the claim of the petitioner in the Land Acquisition Case No. 2/02-03. In case, the order rejecting the claim of the petitioner is passed, the petitioner would have the liberty to take recourse of the remedy provided under the Land Ceiling Act. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )