SANJAY KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The present writ petition has been filed for quashing the entire certificate proceedings in Certificate Case No. 12/13-14; and for quashing the notice under Section 7 of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as 'the PDR Act') whereby the petitioner has been called upon to deposit and refund an amount of Rs. 30,88,931/- by way of the award money received by him against acquisition of land appertaining to part of plot no. 189 of Khata No. 154 situated at Mauza-Matiyara Tok measuring 2.964 decimal of land; and for a direction to the Collector not to require the petitioner to refund the Patna High Court said amount and to lift the ban created over the petitioner's Bank account.

(3.) The short facts of the case according to the petitioner are that his father was one of six brothers including Nageshwar Prasad Gupta. Some lands were purchased in the name of Nageshwar Prasad Gupta by his elder brother Ram Padarath Sah for construction of houses thereon, the work of which was being conducted by the petitioner and his uncle Nageshwar Prasad Gupta. Some of these lands came to be acquired in due course and in this regard Award Nos. 28/A and 88 for acquisition of 3.464 decimals of land of Plot No. 189 was prepared for a total compensation of Rs. 2,37,968/- + 28,50,968/- aggregating to Rs. 30,88,568/-. It is claimed that Nageshwar Prasad Gupta gave his consent in writing for the petitioner to lift the entire award money and accordingly the petitioner took the entire award money and deposited the same in his Bank account, to which Nageshwar Prasad Gupta did not also raise any objection. Thereafter, Nageshwar Prasad Gupta died on 12.04.2013 upon which his widow Priya Ranjan Panjiar Gupta (respondent no. 4) made an application to the District Land Acquisition Officer, Vaishali for requiring the petitioner to refund the said amount to her. After hearing the petitioner, the District Land Acquisition Officer directed the petitioner by his letter dated 27.05.2013 to refund the entire amount within 30 days, failing Patna High Court which appropriate legal steps including initiation of certificate proceeding would be taken against him. In view of the petitioner having declined to refund the amount, the instant certificate proceeding has been initiated against him.