Ramvilash Singh vs State Of Bihar And Ors

Heard learned counsel for the petitioner and learned AC to GP 10 for the State.

The petitioner has moved the Court for the following reliefs:

“That this is an application for issuance of writ of Mandamus or an appropriate writ directing the respondents to pay the petitioner the full

compensation as per current Government circular for land compensation under Land acquisition Act along with the interest as per current bank rate,

thereof for the land of the petitioner bearing, Thana no. 182, Khata no. 19, Plot No. 253, total Area 11 decimal and plot no. 262, area, 56 decimal in

Gram Panchayat Raj Lakhaipur, P S.-Narali Kala Khurd, District-Aurangabad, which has been occupied / Encroachment by respondent no.-6 & 7 for

construction of road under Manrega Project without any notice to the petitioner and forcefully disposes the petitioner from his ancestral land and

forcefully filed soil in the land of petitioner and in this way the land under question became worthless to the petitioner Or direct the respondent

authority to vacant the aforesaid land and give the same to the petitioner in it’s original position as prior to making/constructing road over the land

of the petitioner as neither land of the petitioner has been acquired nor for acquiring the land any notice has been ever served upon the petitioner as no

proceeding under land acquisition Act ever started And/Or for issuance of any other direction/order for which the petitioner is legally entitled in the

fact and circumstances of the case and direct the respondents not to start the construction work till final disposal of this application.â€​

Learned counsel for the petitioner submitted that his land has been used under the MGNREGA Scheme but compensation has not been paid.

Learned counsel for the State submitted that the Sub-Divisional Public Grievance Redressal Officer, Aurangabad by order dated 11.10.2019 has

given a finding with regard to MGNREGA work having been performed on the private land of the petitioner. It was pointed out that the matter was

closed with the observation that the petitioner may move before the Lokpal MGNREGA, Aurangabad by filing representation.

Learned counsel for the petitioner submitted that he may be permitted to do that and the Lokpal in turn be directed to dispose of the same

expeditiously.

Learned counsel for the State does not oppose.

In view thereof, the writ petition stands disposed off with liberty to the petitioner to file a detailed representation in the matter before the Lokpal

MGNREGA, Aurangabad. If the same is done within four weeks from today, the Lokpal MGNREGA, Aurangabad shall look into the matter and after

hearing the parties pass a reasoned order within six weeks from the date of filing of the representation. Whatever necessary follow up actions are

required to be taken up by the authorities, the same shall be done within four weeks from the passing of the order by the Lokpal.