Md. Lukman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3533 of 2025 ====================================================== Md. Lukman Son of Md. Olait Resident of Second Floor, Hindustan Sofa, Ballami Chak More, P.O.- Anishabad, P.S.- Gardanibag, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The Director, Directorate of Land Acquisition, Government of Bihar, Patna. 4.
The District Magistrate -cum- Collector, Patna, District- Patna. 5.
The District Land Acquisition Officer, Muzaffarpur, District- Muzaffarpur. 6.
The Circle Officer, Punpun, District- Muzaffarpur. 7.
The Land Acquisition, Rehabilitation and Resettlement Authority, Muzaffarpur, District- Muzaffarpur through the Presiding Officer. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Singh, Advocate For the Respondent/s :
Government Advocate (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the parties.
2. In the instant writ petition, petitioner has prayed for following relief(s):- (i) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities for payment of compensation of land to the petitioner bearing Khata no.117, Khesra /Plot No.1193, Thana No.34 under Dumari Mauza of Punpun Anchal of Patna District measuring an area 6.25 decimals i.e. 2 Katha = 2722 square feet which was acquired by the Respondents
Patna High Court CWJC No.3533 of 2025(2) dt.18-03-2025 2/3 for construction of Neura - Dainyawan New Railway Line on the basis of circle rate existing on the date of preparation of award and multiplying it by four in view of the provisions under Right to Fair Compensation and Transparency Act, 2013 on the ground that the petitioner had purchased the aforesaid land from one Darshana Singh by the authorization of the legal heirs of Khatiyani Raiyat through the registered sale-deed No.30704 dated 27.12.2010 for the purposes of construction of his residential house.
3. Learned counsel for the petitioner submits that vide letter No. 313 dated 19.05.2020, the Public Information Officercum-District Land Acquisition Officer, Patna advised the petitioner to submit the proper application with the relevant documents, but the office of the respondent District Land Acquisition Officer is not prepared to receive the application of the petitioner and the said fact is stated in para 12 of the petition.
4. Learned counsel for the State submits that although he is disputing the fact that the office of the District Land Acquisition Officer has refused to accept the application of the petitioner, however, if the petitioner files any application within a period of four weeks in terms of letter No. 313 dated
Patna High Court CWJC No.3533 of 2025(2) dt.18-03-2025 3/3 19.05.2020, the same shall be received and considered in accordance with law.
5. In view of the submissions of the learned counsel for the parties, the present writ petition is disposed of with liberty to the petitioner for filing the application before the District Land Acquisition Officer within four weeks as prayed for.
(Sunil Dutta Mishra, J) utkarsh/- U