Pawan Kumar Jain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8657 of 2022 ====================================================== 1.

Pawan Kumar Jain Son of Mahabir Prasad Jain Resident of Nehru Road, Thakurganj, District- Kishanganj.

2.

Rohit Kumar Jain Son of Mahabir Prasad Jain Resident of Nehru Road, Thakurganj, District- Kishanganj.

3.

Rajesh Kumar Jain Son of Mahabir Prasad Jain Resident of Nehru Road, Thakurganj, District- Kishanganj.

4.

Dilip Kumar Jain Son of Mahabir Prasad Jain Resident of Nehru Road, Thakurganj, District- Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Collector-cum- District Land Acquisition Officer, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha For the Respondent/s :

Mr.Md. Khurshid Alam ( AAG 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-07-2022 Heard the parties.

The petitioners have prayed for following reliefs; "A. To direct the Collector (Respondent No. 3) to accept the filing of the reference application (Miscellaneous Case) contemplated under Section 64 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Hereinafter referred to as "the Act") and make a reference of it to the Authority under the Act.

B. It is further prayed that the Respondent Collector be directed to condone the delay in accepting the reference application under the second proviso to Section 64 (2) of the Act and

Patna High Court CWJC No.8657 of 2022(2) dt.05-07-2022 2/2 the Order passed on 10.01.2022 by the Hon'ble Supreme Court of India in SUO MOTO WRIT PETITION (C) NO. 3 OF 2020 along with MISCELLANEOUS APPLICATION NO.29 OF 2022 AND MISCELLANEOUS APPLICATION NO.665 OF 2021.

C. To pass such other order or orders and/ or direction or directions as may be deemed fit and proper to secure the ends of justice." For the reasons mentioned in the application, it is allowed. Limitation in filing reference application Misc. Case under the provision of Section 64 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is condoned. With the aforesaid observation and direction, the writ application is disposed of.

(Sandeep Kumar, J) BT/Shishir U