Brambhdeo Prasad Singh @ Brahmdeo Prasad Singh. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7498 of 2023 ====================================================== Brambhdeo Prasad Singh @ Brahmdeo Prasad Singh. S/o Late Kuldeep Prasad Singh resident of Village-Kanjhiya, P.S.-Nathnagar, DistrictBhagalpur. ... ... Petitioner

Versus

1.

The State of Bihar through the 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 Commissioner, Bhagalpur Division, Bhagalpur. 5.

The District Magistrate, Bhagalpur.

6.

The District Land Acquisition Officer, Bhagalpur. 7.

The Block Development Officer, Nathnagar, District-Bhagalpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Advocate For the Respondent/s :

Mr. Navnit Kumar, AC to Gp 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2023 Heard learned counsel for the petitioner and the State. 2.Writ petition has been filed for directing the respondents to pay adequate compensation of the land.

3. At the outset, learned counsel for the respondents submits that in view of provisions contained in 'Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013', matter is required to be heard by the District Magistrate, Bhagalpur (respondent no.5) for proper assessment of the compensation amount.

4. Respondents further submits that the petitioner is entitled to get adequate compensation in accordance

Patna High Court CWJC No.7498 of 2023(2) dt.07-10-2023 2/2 with the law and the concerned authorities are also ready to do so, provided they produce documents with respect to their right and title over the land in question.

5. In the facts and circumstances of the case, writ petition is disposed of with a direction to the petitioner to file a representation before the District Magistrate, Begusarai (respondent no.5) along with all the relevant documents in support of the claim, within a period of six weeks from today.

6. In the event, such representation is filed by the petitioner with the aforesaid stipulated period, respondent no. 5 shall examine the claim of the petitioner and pass a reasoned and speaking order in accordance with law preferably within a further period of three months.

(Prabhat Kumar Singh, J) Shashi U