Sudhanshu Bhushan Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10056 of 2016 ====================================================== Sudhanshu Bhushan Sinha son of Late Raghubar Kishore Singh resident of Village- Kothawan, P.S.- Khagaul, District- Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
3.
The District Magistrate-cum-Collector, Patna District Patna. 4.
The District Land Acquisition Officer, Patna. 5.
The Circle Officer, Phulwari, Patna, District- Patna. 6.
The General Manager, East Central Railway, Hajipur, District- Vaishali. 7.
The Chief Administrative Officer, Construction, Mahendru Ghat, Patna. 8.
The Chief Engineer, Construction, Neora, Daniyawan, Badi Railway Line, Mahendru Ghat, Patna.
9.
The Deputy Chief Engineer, Construction, Neora Daniyawan, Badi Railway Line, Mahendru Ghat, Patna.
10.
Rabindra Kumar Sinha S/o Late Ramashish Singh resident of Village- Sri Palpur, P.S.- Punpun, District- Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Advocate For the Respondent/s :
Mr.Sunil Kumar Mandal, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2024 Heard the parties.
2. The petitioner has prayed for the following reliefs: (i) for the issuance of a writ in the nature of certiorari or an appropriate writ, order or orders, direction and directions, commanding the respondent
Patna High Court CWJC No.10056 of 2016(2) dt.30-04-2024 2/3 authorities to quash the award no.4,dated 26.1.2006, passed in land acquisition case no.07 of 2004-05, prepared by District Land Acquisition Officer, Patna, and also to initiate a fresh proceeding under the provisions of the "right to fair compensation and transparency in land Acquisition, rehabilitation and Resettlement Act,2013"
as amended, in respect of Acquisition of land in village- Hasanpura, Thana no. 66, Khata no. 39, Plot no. 14, District Patna, acquired for the purpose of construction of Neora-Daniyawan Railway line, but even after the lapses of more than five years, neither the payment of compensation amount has been made nor the possession of the land has been taken, which
Patna High Court CWJC No.10056 of 2016(2) dt.30-04-2024 3/3 have been lapsed by virtue of section 24 of the Act, 2013, and the petitioner also prays for other consequential reliefs as your lordships may deem fit and proper.
3. A perusal of the order in question would show that Award no. 4 dated 26.1.2006, Land Acquisition Case No. 07/2004-05 this being challenged in the year 2016.
4. The petitioner at the relevant time chose not to avail the remedy available to him and ten years later invoked the writ jurisdiction.
5. The case in that background, is fit to be dismissed. However, learned counsel for the petitioner submits that he may be granted liberty to approach the appropriate authority.
6. This Court in the background of the fact that delay is there, do not express any opinion.
7. The writ petition stands disposed of.
(Rajiv Roy, J) Ravi/- U