RAJ MANGAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. learned Senior counsel appearing on behalf of the petitioners and Mr. Prabhat Kumar Singh, learned Standing Counsel No. 21 for the State.

(2.) THE petitioners seek quashing of the part of the order dated 3.7.2006 passed by respondent no. 2, the Collector, Patna in Land Acquisition Case No. 2 of 2002 -03, by which the Collector while holding that the petitioner of the said case was entitled to get compensation along with statutory interest, had further directed that the said amount of compensation should be recovered from the personal pockets of these four petitioner Revenue Officials i.e. Revenue Karamchari, Circle Inspector, Circle Officer, Danapur and D.C.L.R., Danapur holding them responsible for fixation of rent of land in question and opening Jamabandi in the name of respondent no. 4 and thereby fraudulently giving the land to him.

(3.) WHEN the matter came before the District Magistrate/Collector, Patna on the transfer of the case in view of the order of this Court, he considered the issue of fixation of rent in Rent Fixation Case No. 5/ 2002 -03 by the Circle Officer, Danapur and approved by the DCLR, Danapur holding that although the land was Gair Mazarua Malik and the rent Fixation Case has been filed sensing payment of amount of compensation because of initiation of process of land acquisition and the whole thing has been done by the authorities in one day; and further that the petitioner (present respondent no. 4) has succeeded in proving his possession and ownership over the land in question not because it was his property but it was fraudulently given to him with the connivance of the Revenue Officials. It was held by the Collector that the respondent no. 4 is entitled to get compensation amount with statutory interest but the said amount of compensation should be recovered from the personal pockets of Revenue Officials responsible lor the fraudulent transfer of rights, i.e., equally from the pockets of these petitioners as they are responsible for fixation of rent of the land in question and opening of Jamabandi in the name of respondent no. 4 for wrongful gain. It was further directed by the Collector that a copy of his order relating to proposal for initiating disciplinary action against the petitioners should be sent to the concerned Department heads for further course of action.