Janardhan Barnwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18717 of 2015 ====================================================== Janardhan Barnwal S/o Sita Ram Barnwal Village - Begikharwa, Po - Magli Matiyani, P.S. - Belhar, District - Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna 2.

The District Magistrate, Banka.

3.

The Land Acquisition Officer, Banka.

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

For the Petitioner/s :

Mr. Jai Ram Singh, Advocate 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 issuance of appropriate direction to the respondents to pay the entire amount of compensation for the land-in-question of the petitioner treating the nature of land as residential.

3. The learned counsel for the petitioner submits that his compensation amount has wrongly been fixed treating his land as 'Bhitha'. 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.

Patna High Court CWJC No.18717 of 2015(3) dt.25-09-2023 2/2

4. Learned counsel for the State submits that counter affidavit has been filed. In the counter-affidavit it is stated that the payment for the land in question has been made as 'Bhitha' but claim has been made as it is 'residential'. In this regard, report has also been annexed as Annexure-A. 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