Rameshwer Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18655 of 2015 ====================================================== Rameshwer Pandit S/o Late Jhari Pandit Village- Tilak Pur, P.s Belher, District Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The Land Acquisition Officer, Banka.

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

For the Petitioner/s :

Mr. Jai Ram Singh For the Respondent/s :

Mr. R.K.Priyadarshi, SC-32 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has filed this writ petition for enhancement of compensation treating his land either Aawasiye or commercial.

3. The learned counsel for the petitioner submits that his compensation amount has wrongly been fixed treating his land as Do Phasla. Learned counsel for the petitioner submits that the petitioner has filed representation before the Land Acquisition Officer, Banka, but no decision was taken and, therefore, he has moved before this Court.

4. Learned counsel for the State submits that counter

Patna High Court CWJC No.18655 of 2015(3) dt.25-09-2023 2/2 affidavit has been filed. In the counter-affidavit it is stated that the payment for the land in question has been made as 'do phasla' but claim has been made as it is 'Awasiye'. In this regard, report has also been annexed as Annexure-1. Learned counsel for the State submits that the petitioner has only remedy to file application before the Tribunal i.e., the Land Acquisition Rehabilitation and Resettlement Authority situated at Bhagalpur or to move before the District Magistrate, Banka, under Section 64 of the Land Acquisition, Rehabilitation & Resettlement Act, 2013.

5. In this background, this writ petition is disposed of directing the petitioner to avail the remedy before the Land Acquisition Rehabilitation and Resettlement Authority raising all his claim raised in this writ petition. The Land Acquisition Rehabilitation and Resettlement Authority, Bhagalpur, is directed to entertain the application filed by the petitioner. If there is delay in filing the application, the delay is directed to be condoned.

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