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Patna High CourtCWJC/16168/2017disposed

Tripurari Sharma And ORS v. The State Of Bihar And ORS

2026-01-19Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16168 of 2017 ====================================================== 1.

Tripurari Sharma and Ors 2.

Tribhuwan Sharma, 3.

Murari Sharma, All Sons of Late Baikunth Nath Singh, resident of Village Raghopur, Police Station Bihta, District- Patna. ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Kumar Sinha, Adv.

For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-01-2026 Heard Mr. Shivendra Kumar Sinha, learned counsel for the petitioner and Mr. Dhurjati Kumar Prasad, learned State Counsel.

2. The present application has been preferred for the following relief(s):

A. For holding that in view of commencement of Right to fair compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (herein after referred to as "Act 2013") which came into effect on 1.1.2014, the acquisition of Land of the petitioner deemed to have lapsed in view of section 24(2) of the Act 2013.

B. For further relief that after making all necessary inquiry in Jamabandi cancellation case No. 06/12-13 Respondents authority reached on conclusion in view of Government of Bihar notification dated

Patna High Court CWJC No.16168 of 2017(6) dt.19-01-2026 2/2 11.11.2014 that petitioners land is be declared as Raiyati.

C. For further relief that after making such declaration direction be issued upon the respondents authorities that if they so chooses may re-initiate acquisition proceedings afresh in respect of the same land but that under the regime of Act 2013 and to pay the compensation as per the mandate of the New Act i.e. Act 2013.

D. For any other relief's or relief's for which the petitioners are found entitled in the facts and circumstances of the case.

3. Mr. Prasad has provided an order dated 13.09.2025 in Raiyatikaran Case No. 07 of 2025-26 (State of Bihar vs. Tripurari Singh & Ors.) according to which, the claim of the present petitioner has been rejected allowing him to assail the order, if he so wants.

4. Learned counsel for the petitioner submits that he may be permitted to assail the said order before a Competent Court.

5. Granting said liberty, the writ petition is disposed of. (Rajiv Roy, J) Vijay Singh/- U