Sagar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.503 of 2016 ====================================================== Sagar Prasad son of Late Modi Sah Resident of Mohalla - New Colony Bagaha Bazar , P.O. P.S. - Bagaha , District - West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary , Land Acquisition Department , Bihar , Patna . 3.

The Collector , West Champaran at Bettiah.

4.

The Land Acquisition Officer , West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Respondent/s :

Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-11-2025 Heard Mr. Anand Kishore Choudhary, learned counsel for the petitioner and the State

2. The present petition has been preferred for the following relief(s):

"I. to issue writ in the nature of mandamus commanding the respondent no. 3 to pay Rs. 33,21,383/- (Thirty Three Lakhs Twenty One Thousand Three Hundred Eighty Three Rupees) to the petitioner in view of Section-81 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Bill 2013 which clearly indicates that the petitioner is entitled to interest @ 9% on the total awarded amount within

Patna High Court CWJC No.503 of 2016(5) dt.25-11-2025 2/2 one year and 15% interest of the total awarded amount after expiry of one year till the date of final payment.

II. To grant another relief/reliefs for which the petitioner is entitled under the law according to facts and circumstances of the case."

3. The counter-affidavit has come on behalf of the Staterespondents duly served upon the petitioner which shows that the petitioner got the amount before the possession was taken by the Collector and as such, Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (henceforth for short 'the Act') shall not apply.

4. Learned counsel for the petitioner submits that he shall be approaching appropriate authority for the redressal of the grievance.

5. The State has no objection to it.

6. Granting liberty to the petitioner to approach appropriate authority, the writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U