Mukhtar Alam @ Md. Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13339 of 2021 ====================================================== Mukhtar Alam @ Md. Mukhtar S/o Late Mago, Resident of Village - Andawari, P.S. - Pathamari, District - Kishanganj. ... ... Petitioner/s

Versus

1.

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

2.

The Collector cum District Land Acquisition Officer, Kishanganj. 3.

The Land Acquisition Officer, Kishanganj.

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the State :

Mr. Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-09-2025 The instant writ application has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following relief(s):- "(i) For issuance of an appropriate writ order or direction quashing the memo No. 5322 dated 16.11.2018 issued by the Collector cum District Land Acquisition Officer, Kishanganj in connection with L.A. Case No. 68/15-16 whereby award of Rs. 7,00867/- has been prepared for acquisition of the land of the petitioner and he has been requested to receive the same after submitting the required documents.

(ii) For direction to the respondent to consider the claim/objection of the petitioner and pay adequate compensation treating the land as residential.

Patna High Court CWJC No.13339 of 2021(4) dt.25-09-2025 2/3 And for any other relief (s) for which the petitioner is found to be entitled in the facts and circumstances of the case."

2. At the outset, Mr. Bhola Prasad, learned counsel appearing for the petitioner submits that the compensation in respect of his land which has been acquired was wrongly fixed treating his land to be agricultural (Do Phasla) whereas the same was residential when the same was acquired, due to this reason, the petitioner is entitled to receive more amount and in this regard, petitioner received the compensation as fixed by the concerned authority on protest by way of an application dated 20.12.2018 filed before District Land Acquisition Officer, Kishanganj, however, the petitioner is ready to file a fresh representation before the Collector as provided under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, so that either his earlier objection petition or fresh representation can be forwarded to the Land Acquisition Rehabilitation and Resettlement Authority established under Section 51 of the Act.

3. Accordingly, the present petition stands disposed of as not pressed, however, with liberty to the petitioner to file a fresh representation before the Collector, (DLAO), Kishanganj,

Patna High Court CWJC No.13339 of 2021(4) dt.25-09-2025 3/3 with regard to the aforesaid grievances within a period of four weeks from today and in case such a representation is filed, the same shall be referred to the Land Acquisition Rehabilitation and Resettlement Authority within a period of four weeks, thereafter.

4. The writ petition stands disposed of on the aforesaid terms.

(Shailendra Singh, J) maynaz/- U