AJIT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Akhileshwar Prasad Singh, learned senior counsel appearing for the petitioner, Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State and Mr. Ashutosh Tripathi, learned counsel for the opposite party no. 2.

(2.) In the present application preferred under Sec. 482 of the Code of Criminal Procedure, the petitioner has sought for quashing of the order dated 22.6.2015 passed by the learned Additional Chief Judicial Magistrate, Danapur in Danapur P.S. Case No. 349 of 2014 by which a direction has been issued to the Land Acquisition Officer, Patna not to make payment of balance compensation amount to the petitioner with respect to the land acquired from him.

(3.) The short facts of the case are that the opposite party no. 2 filed a petition of complaint in the court of Additional Chief Judicial Magistrate, Danapur, on 11th July, 2014 alleging therein that the opposite party no. 2 was originally resident of village Akbari, P.S.-Sahar in the district of Bhojpur and his maternal house was at village Bihta, P.S.-Bihta in the district of Patna. The name of his maternal grandfather was Kapildeo Singh, who has only one daughter Ram Jyoti Devi (mother of complainant opposite party no. 2). It is said that the maternal grandfather of the complainant were three brothers, namely, Kapildeo Singh, Nandlal Singh and Raghunandan Singh. All the three brothers were allotted land after partition. After the death of maternal grandfather of the complainant opposite party no. 2, his mother Ram Jyoti Devi and maternal grandmother Ram Sakhi Devi got equal share.