Nand Kishore Choudhary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21279 of 2018 ====================================================== 1.

Nand Kishore Choudhary and Ors Sonof Late Dunbahadur Choudhary. 2.

Manoj Kumar Chaudhary, Son of Amar Chaudhary. 3.

Subodh Kumar Chaudhary, Son of Late Kapildeo Chaudhary. 4.

Shailendra Kumar Chaudhary, Son of Late Laxmi Chaudhary. 5.

Surendra Chaudhary, Son of Ramdan Chaudhary.

6.

Vakil Chaudhary, Son of Late Ram Pragesh Chaudhary. 7.

Ashok Kumar Chaudhary, Son of Late Chaturbhuj Chaudhary. All are Resident of Village-Madhopur, Dullan @ Dhelhan Thana No. 61,Police Station-Kanti, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Deputy Secretary, to the Government of BIhar Land Reforms Department, Secretariat Building, Bihar.

3.

The District Magistrate Cum-Collector, Muzaffarpur. 4.

The District Land Acquisition Officer, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukund Mohan Jha, Adv.

For the Respondent/s :

Mr. Subash Chandra Yadav- GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-12-2025 Heard the parties.

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

for issuance of a writ in the nature of 'Mandamus' for commanding the Respondents to fix and pay the compensation of the land of petitioners in a new rate which is fixed in the year 2016-2017 by the Registry Office, Muzaffarpur under provision

Patna High Court CWJC No.21279 of 2018(2) dt.02-12-2025 2/3 of the Land Acquisition Act which was/acquired by the Government.

3. The matter relates to land situated at Dhemka (Madhopur Dullan) in the district of Muzaffarpur which was acquired for the construction of thermal power station at Kanti. The claim in the writ petition is that the category was wrongly decided and they have not taken payment. The counter affidavit of the State respondent duly signed by the District Land Acquisition Officer, Muzaffarpur is on record and learned State Counsel has taken this Court to paragraph 11 to show that he has already passed an order rejecting the claim of similar situate persons who earlier moved this Court on 12.08.2014.

4. The submission is that now that a decision has come from the office of the District Land Acquisition Officer, Muzaffarpur, the petitioner has to move under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

5. Learned counsel for the petitioner submits that they shall be approaching the concerned authority in next four weeks.

6. If such petition is preferred in next four weeks, the authority shall take into account that the writ petition was pending before this Court from the year 2018 while dealing with the limitation petition.

Patna High Court CWJC No.21279 of 2018(2) dt.02-12-2025 3/3

7. With the aforesaid observation, the writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U