Bhagwan Sharan Ray @ Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2918 of 2024 ====================================================== Bhagwan Sharan Ray @ Harendra Singh S/o Late Amarnath Ray Resident of village- Banjari Nawka Tola, Post and P.S.- Gopalganj, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary Revenue Department, New Secretariat Govt. of Bihar.

2.

The Collector- Cum- District Land Acquisition Officer, Gopalganj. 3.

The Additional Collector -Cum- Enquiry Officer, Gopalganj. 4.

The Deputy Collector Land Reforms, Gopalganj. 5.

The Circle Officer, Gopalganj, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Dubey, Advocate Mr. Kumar Gaurav, Advocate For the Respondent/s :

Mr. A.K. Dubey, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-06-2024 Heard the parties.

2. The petitioner has prayed for the following reliefs: (i) for issuance of writ in the nature of certiorari for quashing the Memo No. 520 dated 3.10.2023 issued under the signature of Land Acquisition Officer, Gopalganj by which he has refused the claim of petitioner on the ground that Award has been prepared;

(ii) for issuance of writ in the

Patna High Court CWJC No.2918 of 2024(2) dt.19-06-2024 2/3 nature of command directing the authority under the act to fix the compensation of the land of petitioner as per the prevalent commercial rate/value in the area as notified by the State Govt. itself and pay the same to the petitioner forthwith along with interest thereon;

(ii) for issuance of writ in the nature of command directing the Land Acquisition Officer to reexamine the case of petitioner and fix the compensation accordingly;

(iii) for any other relief/reliefs for which the petitioner deemed entitled to.

3. Learned State Counsel pointed out that the matter has already been decided and now that the petitioner is challenging the category so decided, he should have approached the appropriate authority instead of filing representation before the same office (respondent no.2).

Patna High Court CWJC No.2918 of 2024(2) dt.19-06-2024 3/3

4. Learned counsel for the petitioner submits that he will be filing appropriate petition before the appropriate authority but there has been some delay.

5. In that background, the writ petition stands disposed of with liberty to the petitioner to approach the appropriate authority for deciding the category of his land. If the same is filed within four weeks from today, the delay in filing the petition shall be condoned taking into account that the petitioner had preferred the writ petition before this Court.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U