Re.:- I. A. No.01 of 2025

1. The learned counsel for the petitioner submits that I.A. No.01 of 2025, I.A. No.02 of 2025 and I. A. No.03 of 2025 has been filed during pendency of the writ application. It is submitted that I.A. No.01 of 2025 has been filed for staying the order dated 22.01.2025 passed by the Deputy Collector-cum- Certificate Officer, Sheohar whereby Certificate Officer has rejected the application filed by the petitioner under Section 9 of Patna High Court CWJC No.11612 of 2024(4) dt.08-07-2025 2/7 the Public Demand Recovery Act and has further directed the petitioner to deposit the certificate amount within one month or else the amount will be recovered.

2. The I.A. No.1 of 2025 is allowed for consideration. Re.:- I. A. No.02 of 2025

3. The I.A. No.02 of 2025 has been filed for quashing the letter dated 03.05.2025 issued by the Certificate Officer- cum-Additional Collector, Sheohar whereby the Certificate Officer has issued a letter of attachment of other land of the petitioner for non-deposit of the certificate amount of Rs.19,75,602/- passed in Certificate Case No.01 of 2021-22 arising out of Land Acquisition Case No.03 of 2011-12 and to stay the further operation of the letter dated 03.05.2025 issued by the Certificate Officer-cum-Additional Collector, Sheohar.

4. The I.A. No.02 of 2025 is allowed for consideration.

Re.:- I. A. No.03 of 2025

5. The I. A. No.03 of 2025 has been filed seeking substitution of the legal heirs of Respondent No.7, who died on 01.05.2025. It is submitted that the name of the legal heirs of the Respondent No.7 has been recorded at Para-3 of I. A. No.03 of 2025.

Patna High Court CWJC No.11612 of 2024(4) dt.08-07-2025 3/7

6. The I. A. No.03 of 2025 is allowed and the legal heirs of respondent no.7 are substituted in her place.

Re.:- CWJC No.11612 of 2024

7. Heard learned counsel for the petitioner and learned GP-7 for the State.

8. The learned counsel appearing on behalf of the petitioner submits that the instant writ application has been filed for quashing the order dated 29.01.2018 passed by the District Land Acquisition Officer, Sheohar in Case No.03 of 2011-12 whereby the Land Acquisition Officer, Sheohar has directed the petitioner to return the compensation amount which has been received by the petitioner against the acquisition of land for NH- 104 with respect to the land appertaining to Khata No.1363, Plot No.5500.

9. The learned counsel appearing on behalf of the petitioner submits that the aforesaid land belongs to the petitioner and the same was acquired for widening of NH-104. It is submitted that at the time when the award was being prepared, one Aamichand Sah appeared and objected the preparation of the award on the ground that the land belongs to him. It is submitted that the objection of Aamichand Sah was rejected and the compensation in lieu of acquisition of the Patna High Court CWJC No.11612 of 2024(4) dt.08-07-2025 4/7 aforesaid land was paid to the petitioner.

10. The learned counsel for the petitioner next submits that Aamichand Sah died, thereafter his legal heirs namely, Gayatri Devi along with one another filed another application before the Land Acquisition Officer against the compensation paid in favour of the petitioner. It is submitted that the said application filed by Gayatri Devi along with one another subsequent to the claim of Aamichand Sah being rejected was a frivolous application as the Land Acquisition Officer becomes functus officio once the award has been prepared and compensation given.

11. It is next submitted that since application of Gayatri Devi remained pending before the District Land Acquisition Officer, as such, she moved before this Court by filing CWJC No.14979 of 2015, but then, did not bring to the notice of the Court in CWJC No.14979 of 2015 that the Land Acquisition Officer has already rejected the objection of Aamichand Sah and the compensation has been paid in favour of the petitioner and the application subsequently filed was not an objection in accordance with law. It is also submitted that petitioner herein was not impleaded as a party respondent in CWJC No.14979 of 2015. It is next submitted that this Court Patna High Court CWJC No.11612 of 2024(4) dt.08-07-2025 5/7 considering that objection of Gayatri Devi before the District Land Acquisition Officer despite being filed in time is not being adjudicated, thus disposed of CWJC No.14979 of 2015 by an order dated 02.08.2017 (Annexure-P/4) with a direction to the District Land Acquisition Officer, Sheohar to dispose of the objection filed on behalf of the petitioner in accordance with law.

12. The learned counsel appearing on behalf of the petitioner submits that the District Land Acquisition Officer was directed by this Court to dispose of the application filed by Gayatri Devi and one another in accordance with law in Land Acquisition Case No.03 of 2011-12, but then, the District Land Acquisition Officer, Sheohar instead of deciding the application of the private respondents herein, reviewed the award by his order dated 29.01.2018 and directed the petitioner to return the amount to the private respondents. It is submitted that the District Land Acquisition Officer, Sheohar had absolutely no jurisdiction to review his own award, as such, the order impugned is bad in law. It is also submitted that in pursuance of the order dated 29.01.2018, a Certificate Case No.01 of 2021-22 was instituted for recovering the amount of compensation given to the petitioner. It is submitted that in the aforesaid Certificate Patna High Court CWJC No.11612 of 2024(4) dt.08-07-2025 6/7 Case, other land of the petitioner has been attached and put on auction for recovering the amount.

13. The learned counsel for the petitioner further submits that when the District Land Acquisition Officer, Sheohar had no jurisdiction to review his own award whether based on the said order the aforesaid certificate case could have been instituted for recovering the amount.

14. The learned State counsel submits that a counter-affidavit on behalf of the respondent nos.3 to 6 has been filed.

15. Issue notice to the newly added respondents and respondent no.8 by both modes i.e. speed post as well as ordinary post with A/D, for which necessary requisites etc. must be filed on or before 16.07.2025, failing which the present writ application shall stand rejected without further reference to the Bench against all the respondents.

16. Put up this case on 25.08.2025.

17. It is made clear that order dated 29.01.2018 passed by the District Land Acquisition Officer, Sheohar in Case No.03 of 2011-12 shall remain stayed and no attachment of any property of the petitioner shall be made in pursuance of Certificate Case No.01 of 2021-22 until the writ application is Patna High Court CWJC No.11612 of 2024(4) dt.08-07-2025 7/7 finally adjudicated by this Court.

18. The office is directed to amend the party position accordingly.

(Satyavrat Verma, J) vikash/-