- (1.) Heard learned counsel for the parties. This writ petition, on the basis of power of attorney of one Kumar Jitendra Narain Singh, has been preferred alleging that respondent nos. 1 to 4 have occupied 1.14 acres of land appertaining Khata No. 15, Plot No. 1106 out of the total lands measuring 7.64 acres in Village-Nawadih, PS-Muffasil, Thana No. 162, District-Hazaribag although the same was never acquired by the Land Acquisition Department, Hazaribag for the purpose of installation of Electric Sub-Station of DVC, Hazaribag and subsequently, to hand over the excess of land. The petitioner has also prayed for direction upon the respondent nos. 5 and 6 to pay adequate compensation with penal interest for the land of 3.50 acres of said Khata and plot acquired by respondents nos. 5 & 6.
(2.) Petitioner, on the basis of the power of attorney of one Kumar Jitendra Narain Singh said to be sole heir of Rani Lalit Rajya Lakshmi W/o Late Kamakshya Narain Singh, has filed this writ petition and relying upon the documents at Annexure- 2 and 2A submitted that he is paying rent of certain piece of land and also he further submitted that the land of 1.14 acres is being occupied by the respondents without any acquisition proceeding which necessitated to file this instant writ petition.
(3.) From perusal of the Annexure-2, it appears that proceeding in Misc. Case No. 01/03-04 before the Circle Officer, Sadar Hazaribag was registered for rent fixation and the Circle Officer while passing the order recorded that the area of 3.50 acres of land was acquired out of 7.64 acres of land of Khata No. 15, Plot No. 1106 for the purposes of installation of Electric Sub-Station of DVC and area of 1.14 acres of land is out of acquisition for which rent has been fixed.;