Pramod Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4705 of 2023 ====================================================== Pramod Kumar Choudhary Son of Jaynarayan Choudhary, Resident of Village and P.O.-Pirapur, P.S. and Anchal-Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Bihar Land Reforms and Revenue Department Government of Bihar.

2.

Additional Chief Secretary, Bihar Land Reforms and Revenue Department, Government of Bihar.

3.

Collector, Vaishali, District-Vaishali.

4.

Sub-Divisional Officer, Mahua, District-Vaishali. 5.

Anchal Adhikari, Jandaha, District-Vaishali.

6.

Executive Engineer, Rural Works Department, Works Division, Mahnar, District-Vaishali.

7.

The In-Charge Officer, District Revenue and Land Reforms Department, District-Vaishali, Government of Bihar.

8.

District Land Acquisition Officer, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shrinandan Pd. Singh, Sr. Advocate Mr. Atul Prakash, Advocate Mr. Gaurav Kumar, Advocate For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. Counsel for the petitioner submits that the land of the petitioner has been acquired for the purpose of construction of road under Sat Nischay Yojna.

3. Counsel for the petitioner submits that letter has been published which is annexed as Annexure-1 and subsequently correspondence has been made by which it transpires that the land of petitioners and others were subject to

Patna High Court CWJC No.4705 of 2023(2) dt.16-08-2023 2/2 acquisition and appropriate compensation has not been paid.

4. Counsel for the petitioner submits that in this regard petitioner has filed representation before the Circle Officer, Jandaha, Vaishali but nothing happened.

5. Counsel for the State submits that Circle Officer is not appropriate authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act No.30 of 2013] rather the competent authority is the Collector of the district, who in case of higher payment shall entitle to make reference before the tribunal under the statute.

6. In this view of the matter, petitioner is directed to file a fresh representation before the Collector, Vaishali within four weeks from today and the Collector, Vaishali is directed to take decision in this regard by way of passing speaking and reasoned order within eight weeks thereafter.

7. With the aforesaid observation and direction, the present writ petition stands disposed off.

(Dr. Anshuman, J.) ravishankar/- U