Patna High CourtCWJC/3172/2019disposed

Nasso Haque v. The State Of Bihar And ORS

2019-02-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3172 of 2019 ====================================================== Nasso Haque Son of Inamul Haque, Resident of Village- Pirpainty Bazar, P.S.- Pirpainty, District- Bhagalpur.

... ... Petitioner

Versus

1. The State of Bihar through the Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate-cum Collector, Bhagalpur.

3. The District Land Acquisition Officer, Bhagalpur.

4. The Circle Officer (Anchal Adhikari), Pirpainty, District- Bhagalpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Nath Jha For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-02-2019 Following is the relief, which the petitioner is seeking :- "(i) For issuance of writ in the nature of mandamus commanding and directing the respondents to enhance the awarded amount as awarded vide Panchat No.289 issued by the office of Land Acquisition officer, Bhagalpur with signature of the Collector as per the present rate because part of awarded amount has been paid after lapse of two years in the year of 2015.

(ii) For holding and declaration that petitioner deserves to get enhanced rate in the awarded amount keeping in mind the present rate of valuation as well as per Hon'ble High Court's order.

The petitioner has remedy under Section 64 of the Right to Fair Compensation and Transparency in Land

Patna High Court CWJC No.3172 of 2019(2) dt.19-02-2019 2/2 Acquisition, Rehabilitation and Resettlement Act, 2013, by making an application before the Collector, which he has not availed. The petitioner is said to have applied before the District Land Acquisition Officer, Bhagalpur, raising his claim that too in 2018.

If the petitioner applies for revised compensation under Section 64 of the Act, the Collector shall proceed accordingly keeping in mind the period of limitation prescribed under the said provision.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan/- U