Sulekha Khatoon @ Salekha Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13320 of 2021 ====================================================== Sulekha Khatoon @ Salekha Khatoon W/o Imazuddin resident of VillageKalu Ghat, Dalligoan, 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 Respondent/s :
AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and the learned AC to GP-18.
2. The learned counsel for the petitioner submits that the instant writ application has been filed seeking quashing of memo no.5353 and 5354 dated 16.11.2018 issued by the Land Acquisition Officer, Kishanganj in connection with LA Case No.68 of 2015-16 whereby Award of Rs.12,11,939/- and Rs.1,39,577/- respectively has been prepared and the petitioner has been directed to receive the same after submitting required
Patna High Court CWJC No.13320 of 2021(3) dt.12-11-2024 2/3 documents regarding the land, further for a direction upon the respondents to consider the objection/claim of the petitioner and pay adequate compensation treating the land as residential.
3. The learned counsel for the petitioner next submits that the land appertaining to Khata No.691, Plot No.6945, Area 0.38 acres and Khata No.692, Plot No.6388, area 0.3590 Acres at Mauza-Dalleygaon, Thana No.67, Anchal-Thakurganj, District-Kishanganj belongs to the petitioner which has been acquired for the purposes of Araria-Galgalia, New BG Rail Line Project for which notification dated 01.06.2017 was issued by the Revenue Department, Government of Bihar.
4. The learned counsel appearing on behalf of the State submits that the petitioner without availing his alternative remedy in view of Section 20F(6) has directly rushed to this Court. It is next submitted that if petitioner is aggrieved by the compensation which has been calculated with respect to the land acquired, in that event, the petitioner can move before the authority competent raising his grievance which has been raised in the instant writ application.
5. The learned counsel appearing on behalf of the petitioner seeks permission to withdraw the writ application with liberty to avail his remedies in accordance with law.
Patna High Court CWJC No.13320 of 2021(3) dt.12-11-2024 3/3
6. Permission is accorded.
7. Accordingly, the writ application is dismissed as withdrawn.
(Satyavrat Verma, J) Prakash Narayan U