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Patna High CourtCWJC/14533/2017disposed

Md. Mushtaque Alam v. The State Of Bihar And ORS

2025-04-29Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14533 of 2017 ====================================================== Md. Mushtaque Alam son of Late Izharul Haque, Resident of VillageMadhuban, Post Office- Kamhauti, Police Station- Bakhtiyarpur, DistrictSaharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Director, Land Acquisition, Govt. of Bihar, Patna. 4.

The Collector, Saharsa.

5.

The District Land Acquisition Officer, Saharsa. 6.

The Circle Officer, Simri Bakhtiyarpur Block, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Masleh-Uddin Ashraf, Sr. Adv.

Mrs. Rana Hasan, Adv.

Mrs. Homa Yunus, Adv.

For the Respondent/s :

Mrs. Nutan Sahay- Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2025 Heard Mr. S.M. Ashraf, learned Senior Counsel for the petitioner(s) duly assisted by Mrs. Homa Yunus and Mrs. Nutan Sahay representing the State.

2. The present application has been filed:

for the issuance of a writ in the nature of mandamus to pay compensation to the petitioners in accordance with the rate to be determined under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Patna High Court CWJC No.14533 of 2017(2) dt.29-04-2025 2/2 (hereinafter be called, 'the new Act') and not in terms of the Land Acquisition Act, 1894 (hereinafter to be called, 'the old Act').

3. After some argument, Mr. Ashraf, learned Senior Counsel for the petitioner(s) submits that he may be allowed to approach the competent Civil Court as the stand of the petitioner(s) is/are that they have not been suitably compensated.

4. Said liberty is always there to the petitioner(s). If they approach the Competent Civil Court, the Court concerned shall take into account the fact that the writ petition was pending since the year 2017 while dealing with the limitation petition.

5. The writ petition stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U