Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4087 of 2024 ====================================================== 1.

Pramod Kumar Son of Late Naresh Prasad, Resident of Village- Bhadwa, P.O.- Itasang, P.S. - Rahui, District- Nalanda at Biharsharif. 2.

Rajendra Prasad, Son of Late Mekha Mahto, Resident of Village- Bhadwa, P.O.- Itasang, P.S. - Rahui, District- Nalanda at Biharsharif. 3.

Anandi Prasad, Son of Late Pokhan Mahto, Resident of Village- Bhadwa, P.O.- Itasang, P.S. - Rahui, District- Nalanda at Biharsharif. 4.

Ajay Kumar, Son of Late Surendra Mahto, Resident of Village- Bhadwa, P.O.- Itasang, P.S. - Rahui, District- Nalanda at Biharsharif. 5.

Vindeshwar Prasad, Son of Late Lakhan Mahto, Resident of VillageBhadwa, P.O.- Itasang, P.S. - Rahui, District- Nalanda at Biharsharif. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate, Nalanda at Biharsharif. 4.

The District Land Acquisition Officer, Nalanda at Biharsharif. 5.

The Executive Engineer, Irrigation Division, Biharsharif, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra Mishra, Advocate For the Respondent/s :

Mr. Akhileshwar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2024 Heard the parties.

2. The present writ petition has been preferred for the grant of following relief/s:- "That this writ application is directed against the impugned decision and order dated 24.02.2023 passed by the learned Chairmancum-Presiding Officer of Land Acquisition,

Patna High Court CWJC No.4087 of 2024(2) dt.24-06-2024 2/3 Rehabilitation & Resettlement Authority (L.A.R.R. Authority), Patna Division, Patna in Authority Case No. 07/2021 (N) & analogous cases so far as the writ petitioners are concerned whereby and where under the learned L.A.R.R. Authority has passed wrong, erroneous, highly inconsistent, arbitrary and illegal decision and order causing gross injustice and loss to the petitioners in deciding the rate of the award of the compensations of their respective lands which have been acquired by the concerned Respondents for the Government of Bihar for the Project of construction of pipe laying Ganga Jal Udwah Yojna and as such it needs reconsideration in a justified manner."

3. At the outset learned State counsel submits that an order has been passed by the Land Acquisition, Rehabilitation and Resettlement Authority (henceforth for short "the LARRA") on 24.02.2023 and in that background, there is provision for filing appeal.

4. Section 74 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 read as follows:- "74. Appeal to High Court.-(1) The

Patna High Court CWJC No.4087 of 2024(2) dt.24-06-2024 3/3 Requiring Body or any person aggrieved by the Award passed by an Authority under Section 69 may file an appeal to the High Court within sixty days from the date of Award;

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period allow it to be filed within a further period not exceeding sixty days."

5. In that background, learned counsel for the petitioners submit that they shall be filing an appropriate appeal against the order dated 24.02.2023 of 'the LARRA'.

6. The writ petition stands disposed of with aforesaid liberty.

(Rajiv Roy, J) Adnan/- U