Approaching the court under Article 226 of the Constitution of India requires filing the writ petition within a reasonable period, and delay in filing the claim for compensation without a justifiable explanation may lead to the dismissal of the claim.

ORDER :

The instant appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 02.06.2020 passed by learned Single Judge of this Court in W.P.(C) No.7247 of 2019 whereby and whereunder the writ petition has been dismissed declining to interfere with the order dated 13.09.2019 passed in Misc. Appeal No.17 of 2019 whereby the claim of the petitioner for compensation in respect of a piece of land measuring an area of 13 decimals appertaining to Plot no. 403 under Khata No. 20 of Mouza – Upraili Dhanwar, District-Giridih, has been rejected.

2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-

It is the case of the writ petitioner that the land under Plot No. 403, Khata No. 20 situated in Mouza-Upraili Dhanwar measuring an area of 46 decimals was recorded in the name of Bakar Mian in the record of rights prepared during survey operation as his raiyati land. Out of said 46 decimals, 11 decimals of land was acquired by the respondents vide Land Acquisition Case No. 38 of 1957-58 and the compensation was also paid to the recorded tenant, i.e., Bakar Mian, through an award dated 23.03.1959. After the death of Bakar Mian, his only son Gani Mian and two daughters inherited 35 decimals of the said land. Uneja Khatoon wife of Gani Mian purchased the share of one sister of Gani Mian to the extent of 10 ½ decimals. The said Uneja Khatoon being the sole owner of land measuring 13 decimals, sold the said land to different purchasers namely Basudeo Prasad Agarwal jointly with Md. Musa Khan (petitioner), Jamila Khatoon, Safina Khatoon, Manaur Sheikh and Sanwar Seikh by way of five different sale deeds all dated 21.02.1992. The area which was sold jointly to Basudeo Prasad Agarwal and the petitioner was 05 decimals and the rest four were sold two decimals each (total 13 decimals). However, the petitioner purchased the share of Basudeo Prasad Agarwal measuring 2½ decimals on 14.02.2015.

On 11.09.2012, the aforesaid purchasers executed a registered power of attorney in favour of the petitioner authorizing him to contest legal proceedings in the matter of aforesaid piece of land. The writ petitioner made representation before the District Land Acquisition Officer, Giridih on 16.01.2015 for payment of compensation in respect of the said land measuring an area of 13 decimals, out of 15 decimals, claiming that apart from the acquired land, the respondents have also constructed road upon the said land without paying any compensation. However, no step was taken by the respondent no. 3 which compelled the writ petitioner to file writ petition before this court which was registered as W.P.(C) No. 951 of 2015. The said writ petition was disposed of vide order dated 10.01.2019 with a liberty to the petitioner to prefer a representation before the respondent no. 2 who was directed to consider the same and to come to a conclusion as to whether the petitioner was indeed entitled for payment of compensation as claimed by him and to pass a reasoned order within a period of 12 weeks from the date of receipt/production of a copy of the said order. The writ petitioner made representation in pursuance of the said order and accordingly, Misc. Appeal No. 17 of 2019 was registered by the respondent no. 2, however, the claim of the writ petitioner was rejected vide order dated 13.09.2019.

The writ petitioner, being aggrieved with the said order, has preferred writ petition being W.P.(C) No.7247 of 2019.

The respondents appeared and inter alia submitted that neither the recorded raiyat nor his legal heirs have ever claimed compensation for the land on which road was constructed prior to acquisition of the land measuring an area of 11 decimals. The petitioner and others in spite of being fully aware of the said fact, purchased the part of the road and started claiming compensation which may not be allowed being a belated one.

The ground has also been tak