Pramod Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4465 of 2018 ====================================================== Pramod Singh S/o Late Sudama Singh, R/o Village- Babura, P.S.- Barahara, District- Bhojpur at Ara.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

3.

The District Magistrate, Bhojpur at Ara.

4.

The District Land Acquisition Officer, Bhojpur at Ara. 5.

The Executive Engineer, Building Construction Department, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Murari Mishra For the Respondent/s :

Mr.Sajid Salim Khan-Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 11-11-2024 In the instant petition, petitioner has prayed for the following relief(s):- For issuance of writ/writs, order/orders, direction/directions directing the respondent concerned to pay the compensation of the land/house of the petitioner which has been acquired for construction of Babura-Doriganj approach road and bridge as per the rate prescribed in the year 2014 as well as the rate prescribed for commercial buildings.

2. Learned counsel for the petitioner submits that 12 decimal land of petitioner bearing Khata No. 2623, Khesra No. 1916 and 1918 was acquired by the State Government vide Land Acquisition Case No. 01/12-13 for construction of Babura-

Patna High Court CWJC No.4465 of 2018 dt.11-11-2024 2/3 Doriganj approach road and bridge. Learned counsel further submits that the respondent authorities have paid compensation to the petitioner in the year 2017 as per the rate fixed in the year 2012 though in the year 2014 new rate has been fixed by the competent authority and hence, the petitioner is entitled for compensation as per rate fixed in the year 2014 as well as the rate prescribed for commercial buildings. It is submitted that in spite of several requests made by petitioner, the concerned respondent authority has not paid the enhanced compensation.

3. Learned counsel for the State on the basis of material available on record submits that petitioner has not raised his grievance before the competent authority that he is entitled to get compensation on the basis of rate prescribed in the year 2014 as well as the rate prescribed for commercial buildings and he has rushed to this court by filing writ petition. Hence, the present writ petition is not maintainable. Learned counsel, however, submits that if petitioner files any representation before the competent authority, the same shall be disposed of as per law.

4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ petition stands disposed of with liberty to petitioner

Patna High Court CWJC No.4465 of 2018 dt.11-11-2024 3/3 to raise his grievance before the competent authority within a period of four weeks from the date of receipt of this order. If petitioner raises his grievance before the competent authority by filing representation, the competent authority shall pass appropriate order on the representation of the petitioner in accordance with law after giving due opportunity of hearing to the petitioner.

(Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 12.11.2024 Transmission Date N.A.