Patna High CourtCWJC/1823/2017disposed

Hasina Khatoon v. The State Of Bihar And ORS

2018-08-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1823 of 2017 ====================================================== Hasina Khatoon, Daughter of Late Khan Mohammad, Wife of Khalil, Resident of village - Pirpainti Bazar, P.S. Pirpainti, District - Bhagalpur ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna

2. The District Magistrate Cum Collector, Bhagalpur

3. The District Land Acquisition officer, Bhagalpur

4. The Deputy Collector Land Reforms (D.C.L.R.), Kahalgaon, District - Bhagalpur

5. The Circle officer (Anchal Adhikari) Pirpainti, District - Bhagalpur

6. Sheikh Azim

7. Sheikh Yunus

8. Sheikh Zamil, All Sons of Late Khan Mohammad, Resident of Vill- Pirpainti Bazar, P.S.- Pirpainti, District- Bhagalpur.

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

For the Petitioner/s :

Mr. Dhirendra Nath Jha For the Respondent/s :

Mr. Subhash Chandra Yadav-Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-08-2018 This writ application has been preferred for issuance of certiorari to quash Panchat (Award Nos.279, 280, 59 and 52) prepared by the District Land Acquisition Officer, Bhagalpur in the name of only three sons of late Khan Mohammad, whose land was acquired and leaving out the three daughters including the petitioner.

The petitioner has statutory remedy under Section 64 of Right to Fare Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to move the Collector by a written application requiring him to refer the

Patna High Court CWJC No.1823 of 2017(4) dt.16-08-2018 2/2 matter for determination to the authority.

Section 64 further enumerates the matters which can be decided by the authority. That includes the determination of the person to whom the amount of compensation is payable or the apportionment of the compensation among the persons interested.

In view of the aforesaid provision, this writ application stands disposed of with liberty to avail statutory remedy.

(Birendra Kumar, J) abhishek/- U