Satyendra Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1082 of 2023 In Civil Writ Jurisdiction Case No.3109 of 2018 ====================================================== Satyendra Narayan Singh Son of Late Shiv Bachan Singh, Resident of Village- Banarpur, Anchal- Chausa, P.S.- Buxar Mufassil, District- Buxar. ... ... Petitioner/s

Versus

1.

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

2.

The District Collector, Buxar.

3.

The District Land Acquisition Officer, Buxar. 4.

The Circle Officer, Chausa, Anchal Chausa District- Buxar. 5.

The General Manager of Construction Company, N.T.P.C. Chausa Office, Ambedkar Chawk District- Buxar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Singh, Advocate For the Opposite Party/s :

Mr. Md. Khurshid Alam (AAG 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant application has been filed by the petitioner praying for modification of the order dated 13.2.2023 passed in CWJC no. 3109 of 2018 which was dismissed by order dated 13.2.2023. The relevant last paragraph of the order dated 13.2.2023 is quoted hereinbelow for ready reference:- "However, in the facts of the case, it would be relevant to take note that section 51 of the Act itself provides that the authority had been established for

Patna High Court MJC No.1082 of 2023(4) dt.02-08-2023 2/3 speedy disposal of the dispute relating to land acquisition between the parties. As such the Court deems it fit to direct the District Land Acquisition Officer, Buxar to decide the reference in accordance with law at the earliest preferably within a period of 6 months from the date of communication of this order."

3. Learned counsel for the petitioner submits that it subsequently transpired that much prior to passing of the aforesaid order dated 13.2.2023 the records of the case had already been transferred by the District Land Acquisition Officer, Buxar to Land Acquisition Rehabilitation and ReSettlement Authority (LARRA) at Patna and as such he prays that LARRA, Patna be added as a party respondent in the writ application and direction given in paragraph be modified to the effect that in place of the District Land Acquisition Officer, Buxar, the direction be give to the LARRA at Patna.

4. Learned counsel for the respondents has no objection to the above prayer made on behalf of the petitioner.

5. In view of the above the Land Acquisition Rehabilitation and Re-Settlement Authority, Patna is added as party respondent in the writ application. Office to make necessary correction in the memo of parties of both the physical

Patna High Court MJC No.1082 of 2023(4) dt.02-08-2023 3/3 as also the electronic file of the writ application.

6. Let accordingly the order dated 13.2.2023 be modified to the extent that in the last paragraph of the order dated 13.2.2023 passed in CWJC no. 3109 of 2018 in place of 'the District Land Acquisition Officer, Buxar' the same shall be read as 'the Land Acquisition Rehabilitation and Re-Settlement Authority (LARRA) at Patna'.

7. The application stands allowed to the above extent. (Partha Sarthy, J) Spd/- U