the compensation was paid to the petitioner after all Patna High Court CWJC No.13845 of 2021 dt.15-09-2023 7/10 proper verification regarding ownership of the land. The respondent no.3- Sub Divisional Officer sent a notice on 12.04.2021 to the petitioner asking to return the compensation amount on the ground that the land had already been acquired in the past by the Water Resources Department and the petitioner was directed to deposit the compensation amount by 27.04.2021. The aforesaid letter dated 12.04.2021 was issued by the Sub Divisional Officer, Udakishunganj without initiating any proceeding against the petitioner and without hearing the petitioner. The order of recovery has been passed without notice and without giving the details as to the grounds on which the recovery was ordered. The bank was coerced by the Sub Divisional Officer, Udakishunganj to freeze the account of the petitioner and finally on 16.04.2021 the bank has been forced to return the amount to the State without serving any notice to the petitioner or the bank.

10. From the facts stated in the writ petition, which have not been denied by the State or the bank, it emerges that the recovery has been made without hearing the petitioner or without initiating any proceeding against the petitioner. Though on 19.04.2021 the petitioner had written a letter to the Sub Divisional Officer, Udakishunganj pursuant to the notice Patna High Court CWJC No.13845 of 2021 dt.15-09-2023 8/10 dated 12.04.2021 giving the details of all the facts and the details of the ownership documents of the land in question, which were verified by the Sub Divisional Officer himself before the amount was released in favour of the petitioner. Further, the Khatiyan, Land Possession Certificate (LPC), Land Revenue Receipts have been submitted before the acquisition of the land and only after examining the documents, the compensation amount was released.

11. The petitioner had also questioned the freezing of his account in the Bandhan Bank without following the due process of law and the restriction to operate the account on the orders of the Sub Divisional Officer, which was without any authority. Consequently, the amount of Rs.1,28,23,328/- has been recovered from the petitioner, which was lying in his bank account in the Bandhan Bank, Purnea Branch. The bank has illegally without any legal order has transferred the entire amount to the account of the Additional District Land Acquisition Officer, Udakishunganj on the pressure exerted by the Sub Divisional Officer. The petitioner being the recorded tenant cannot be denied the compensation amount on mere statement of the Sub Divisional Officer on behalf of the State without a legal proof. Further, the counter affidavit of the Patna High Court CWJC No.13845 of 2021 dt.15-09-2023 9/10 Bandhan Bank only shows that the bank has acted pursuant to the pressure exerted by the Sub Divisional Officer on behalf of the State Government.

12. From the discussions made above, it is clear that the amount which was lawfully credited in the bank account of the petitioner after proper verification of his documents for the acquired land, which is in the name of the petitioner or his family members, has been illegally recovered from the bank account of the petitioner without initiating any proceeding in law for recovery of the aforesaid amount. The bare minimum which was required to be followed by the Sub Divisional Officer, before making the recovery of the aforesaid amount was to initiate a proceeding against the petitioner, issue notice to the petitioner and after hearing the petitioner may have passed any order in accordance with law. This procedure could have been followed by the authorities under the law applicable in such cases. Hence, the entire action of the recovery of the amount from the bank account of the petitioner is held to be illegal and not authorized by law and therefore, the same cannot be sustained. The forced withdrawal of the amount which was lying in the bank account of the petitioner tantamounts to extortion by the State without following the due process of law.

Patna High Court CWJC No.13845 of 2021 dt.15-09-2023 10/10 Moreover, when the petitioner had given an undertaking at the time of the disbursal of the compensation amount on an affidavit, there was no need for proceeding for recovery without initiating a proceeding.

13. In view of the aforesaid discussions, this writ petition is allowed. The respondent nos. 2 and 3 are directed to refund the amount in the bank account of the petitioner within fifteen (15) days from the date of receipt/communication of a copy of this order. However, the State and its authorities will have liberty to initiate a proceeding for recovery of the amount, which is said to be wrongly disbursed in favour of the petitioner, in accordance with law after the amount in question is transferred to the bank account of the petitioner.

(Sandeep Kumar, J) Vikas/Pawan-