Rajiv Ratna Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9738 of 2017 ====================================================== 1.

Rajiv Ratna Singh and Ors son of Late Ram Ekbal Singh, resident of Village- Sinhauta, Post Offiice- Bangra, Police Station- Maharajganj, District- Siwan.

2.

Markandey Singh, son of Late Ram Binod Singh, resident of VillageSinhauta, Post Offiice- Bangra, Police Station- Maharajganj, District- Siwan. 3.

Akhileshwar Singh, son of Late Ram Ekbal Singh, resident of VillageSinhauta, Post Offiice- Bangra, Police Station- Maharajganj, District- Siwan. 4.

Mithilesh Kumar Singh, son of Late Ram Binod Singh, resident of VillageSinhauta, Post Offiice- Bangra, Police Station- Maharajganj, District- Siwan. 5.

Rabi Kishore Singh, son of Late Ram Binod Singh, resident of VillageSinhauta, Post Offiice- Bangra, Police Station- Maharajganj, District- Siwan. 6.

Abhay Kumar Singh, son of Late Ram Binod Singh, resident of VillageSinhauta, Post Offiice- Bangra, Police Station- Maharajganj, District- Siwan. 7.

Ram Krishna Tarun, son of Late Ram Ekbal Singh, resident of VillageSinhauta, Post Offiice- Bangra, Police Station- Maharajganj, District- Siwan. 8.

Ram Ratan Singh, son of Late Ram Ekbal Singh, resident of VillageSinhauta, Post Offiice- Bangra, Police Station- Maharajganj, District- Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Main Secretariat 3.

The Director, Land Acquisition Department of Revenue and Land Reforms, Government of Bihar, Main Se 4.

The Commissioner, Saran Division, Saran.

5.

The District Magistrate, Siwan.

6.

The District Land Acquisition Officer, Siwan. 7.

The Union of India through Department of Railways. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyam Kumar, Adv.

Mr.Arun Kumar, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2025 Heard the parties.

2. This Writ Petition has been filed for the following reliefs:- " i. For issuance of an appropriate writ in the nature of mandamus commanding the respondents to pay the compensation to the

2/4 petitioners for the acquired land as per the new land acquisition Act, 2013 namely the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the rules framed threin in the year 2014.

ii. For issuance of an appropriate Writ in the nature of certiorari for quashing the said decision of the respondents by which the award has been prepared by wrongly calculating the amount of the acquired land of the petitioners and further hold the said decision to be wholly in teeth of Bihar Land Acquisition Act, 1894 and the Policy as framed by the respondent in the year 2007 and 2010 and now also in teeth of the provisions of newly amended Act namely The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

iii. For issuance of an appropriate writ in the nature of Mandamus commanding the Respondents to calculate the amount of award as given to the petitioners on the basis of the market value of the land and after due calculation, the necessary payments should be paid immediately along with interest.

iv. For issuance of an appropriate Writ/ in the nature of Mandamus directing the respondents to pay the revised amount of compensation as calculated on the basis of the

3/4 market value of the land of the petitioners and pay the same along with statutory interest as well as pay all admissible due in accordance with law and in accordance with the policy decision of the Government.

v. For issuance of any other relief/s for which the petitioner is entitled in the eye of law and in the facts and circumstances of the case.

3. A counter affidavit has come according to which 80% of the amount has been paid.

4. Mr. Satyam Kumar, learned counsel for the petitioners submits that it will suffice if he is allowed to approach the Respondent no. 6 (the District Land Acquisition Officer, Siwan) in next eight weeks for the redressal of grievance.

5. The said liberty is granted. If the petitioners prefer an appropriate petition along with supporting documents in next eight weeks before the concerned respondent, he shall be duty bound to take the matter to its logical conclusion at an earliest since the matter is an old one.

6. The writ petition stands disposed of.

(Rajiv Roy, J) perwez U

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