Harbansh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15485 of 2018 ====================================================== Harbansh Kumar Singh Son of Late Paras Nath Singh Resident at P.O. Dihara P.S. Obra District Aurangabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate Cum Collector, Aurangabad. 3.

The District Land Acquisition Officer, Aurangabad. 4.

The Circle Officer, Block Cum Circle Obra District Aurangabad. 5.

The Senior Project Engineer, Bihar, Rajya Pul Niraman Nigam Ltd, Works Division, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Respondent/s :

Mr. Manoj Kumar Sinha, AC toSC19 Mr. Saurabh Kumar, AC to SC19 For the Respondent No.5:

Md. Nadim Seraj, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-04-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for respondent No.5.

2. Learned Counsel for the petitioner submits that the petitioner's land appertaining to Khata No.76, Khesara No.1384 and 1385, total area 0.41 Acres has been subject matter of the present writ petition, which has been acquired at the instance of Respondent No.5, but payment has not been made to the petitioner till date, inspite of several representations filed by the petitioner.

3. Counsel further submits that during pendency of the writ petition, a letter No.974 dated 11.12.2017 has been

Patna High Court CWJC No.15485 of 2018(4) dt.15-04-2025 2/3 annexed as Annexure-C of the counter-affdiavit in which award amount has been accepted at the tune of Rs.13,08,847/- (Thirteen Lac Eight Thousand Eight Hundred Forty Seven only) vide Cheque No.089585, dated 11.12.2017. He further submits that in the writ petition, it has been mentioned that petitioner are 4 brothers, namely, Haribansh Singh, Arjun Singh, Sunil Singh and Anil Kumar Singh, sons of late Parasnath Singh, resident of P.S.- Dihara, P.S. Obra, District- Aurangabad.

4. Counsel further submits that less compensation amount has been calculated.

5. Counsel for the State submits that price of the land has been duly calculated and for award amount, cheque has been served to Land Acquisition, Rehabilitation and Resettlement Authority (LARR), Gaya.

6. In the light of the submissions made, let the Land Acquisition, Rehabilitation and Resettlement (LARR) Authority, who has received the payment of the petitioner, is hereby directed to make payment to the petitioner and his brothers. In this regard, petitioner shall file an application before the LARR Authority giving all details of his land and entitlement before him within 30 days from today along with this order.

7. The LARR Authority upon verification of

Patna High Court CWJC No.15485 of 2018(4) dt.15-04-2025 3/3 documents, shall assure the payment, which has been deposited for the petitioner's land. The said payment shall be assured within 90 days from the date of receiving of the application filed by the petitioner.

8. It is made clear that if petitioner is not satisfied with the said amount, he is directed to receive payment with objection and proceed further for enhancement of rent according to Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR).

9. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J.) Prakashmani/- U