Md. Zakir Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14542 of 2017 ====================================================== Md. Zakir Hussain Son of Late Tahooruddin, Resident of Village- Madhuban, Post Office- Khamhauti, Police Station- Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through its Chief Secretary, Govt. of Bihar, Patna. 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. Advocate Mrs.Rana Hason, Advocate For the State :

Mr.Dhurjati Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-06-2025 At the outset, Mr. Syed Masleh-Uddin Ashraf, learned Senior counsel for the petitioner intends to pay Rs.200/- to Patna High Court Bar Association for purchasing the Bare Act of the said amount and the receipt has to be filed by the office by Friday.

2. Heard Mr. Syed Masleh-Uddin Ashraf, senior counsel duly assisted by Mrs. Rana Hason.

3. The present application has been preferred for :- "That this writ application has been

Patna High Court CWJC No.14542 of 2017(2) dt.17-06-2025 2/3 filed for the issuance of a writ in the nature of mandamus to pay compensation to the petitioner 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 (hereinafter be called, 'the new Act') and not in terms of the Land Acquisition Act, 1894 (hereinafter be called, 'the old Act')"

4. The learned counsel for the petitioner submits that the grievance that he has, would like to agitate the same before the competent civil court.

5. The State counsel submits that the provision is there to approach the competent civil court in such kind to cases.

6. Granting said liberty to the petitioner to approach the competent civil court, the writ petition stands disposed off.

7. Needless to add, since the matter was pending before this Court for the last eight years, while considering the limitation petition, the same has to be taken into consideration by the concerned court, if the petition is preferred within the eight weeks from today.

8. Before parting this Court would like to put on record word of appreciation for Mrs. Rana Hason for assistance

Patna High Court CWJC No.14542 of 2017(2) dt.17-06-2025 3/3 rendered in the matter.

(Rajiv Roy, J) Saurav/- U