Basant Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2532 of 2016 ====================================================== Basant Kumar Singh Son of late Janardan Singh Resident of VillageKunjbanna, Post Office andn Police Station -Pirpainty, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department,Govt. of Bihar, Patna.

3.

The Director, Land Acquisition , Govt. of Bihar,Patna. 4.

The Collector, Bhagalpur.

5.

The Land Acquisition officer, Bhagalpur.

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

For the Petitioner/s :

Mr.Syed Masleh-Uddin Ashraf For the Respondent/s :

Mr.A.K. Kesari- AAG11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2024 Heard learned counsel for the parties.

2. In this writ application, the petitioner has prayed for following relief:- "That this writ application has been filed for the issuance of a writ of mandamus to pay compensation to the petitioner in accordance with the rate to be determined under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter be called, 'the new Act') and not in terms of the Land Acquisition Act, 1894 (hereinafter to be called, 'the old Act')."

3. At the outset, learned counsel for the petitioner submits that present case is entirely covered by the order dated

Patna High Court CWJC No.2532 of 2016(3) dt.30-07-2024 2/2 05.12.2023 passed by the Co-ordinate Bench of this Court in CWJC No. 17206 of 2015 which was disposed of, giving liberty to the petitioner to seek remedy before the appropriate forum as may be available to him in accordance with law.

4. In that view of the matter, without going into the merit of the case, this writ petition is also disposed of in terms of the aforesaid order dated 05.12.2023 passed in CWJC No. 17206 of 2015.

(Rudra Prakash Mishra, J) rishi/- U