Pramila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3859 of 2018 ====================================================== Pramila Devi D/o Late Gaya Kunwar, Wife of Sri Harihar Singh, resident of Village and P.O. Banduar P.S. Neema Chanchpur Block cum Circle- Matihani District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna 2.

The Principal Secretary, Department of Disaster Management, Govt. of Bihar, Patna.

3.

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

4.

The Director, Directorate of Land Acquisition Officer, Patna. 5.

The Collector, Begusarai.

6.

The District Land Acquisition Officer, Begusarai. 7.

The Circle Officer, Matihani, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar, Advocate For the Respondent/s :

Mr. Sajid Salim Khan -SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner has filed the instant application for the following relief(s):

"That this is an application for issuance of an appropriate writ/writs, order(s) or direction(s) to the respondents to release and make the payments of the rest of the amounts i.e Rs. 32,88,000/- with 15% per annum interest till the date of payment to the petitioner since the raiyati land of the petitioner appertaining to the Khata no. 94 Khesara no. 76 Area 16 Katha situated under Mauza Mahmadpur

Patna High Court CWJC No.3859 of 2018(8) dt.17-04-2023 2/2 Gautam Thana no. 514 of district Begusarai has already been acquired by the respondents in the year 2013 under the provisions of Land Acquisition Act 1894."

Learned counsel for the petitioner submits that during pendency of the instant application the petitioner has been paid the balance consideration amount, however, the petitioner disputes the amount paid by way of interest. Learned counsel submits that in effect the petitioner has objection to the amount of compensation paid as a result of the acquisition. After some argument, learned counsel for the petitioner seeks permission to withdraw this application to move before the appropriate authority under section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The application is disposed of as withdrawn with the aforesaid liberty.

In case the application is filed within a period of four weeks from today, the authority concerned shall decide the same in accordance with law at the earliest preferably within a period of six months from the date of its filing.

(Partha Sarthy, J) Saurabh/- U