Kuldeep Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.736 of 2016 ====================================================== Kuldeep Narayan Singh Son of late Ram Prasad Singh Resident of VillageKunjbanna , Post Office and Police Station -Pirpainty, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

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

3.

The Director ,Land Acquisition , Govt. of Bihar,Patna. 4.

The Collector, Bhagalpur.

5.

The Landa Acquisition Officer, Bhagalpur.

6.

The NTPC Ltd., through its Chairman - cum - Managing Director, NTPC Bhawan, SCOPE Complex, Institut 7.

The Kahalgaon Super Thermal Power Project through its General Manager, NTPC Kahalgaon, District - B ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Masleh-Uddin Ashraf, Adv.

For the Respondent/s :

Mr. GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2024 Heard learned counsel for the parties.

2. In this writ application, the petitioner has prayed for following relief:- "That this writ application has been filed for the issuance of a writ of mandamus to pay compensation to the petitioner in accordance with the rate to be determined under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter be called, 'the new Act') and not in terms of the Land Acquisition

Patna High Court CWJC No.736 of 2016(3) dt.29-07-2024 2/2 Act, 1894 (hereinafter to be called, 'the old Act')."

3. At the outset, learned counsel for the petitioner submits that the present case is entirely covered by the order dated 05.12.2023 passed by the Co-ordinate Bench of this Court in CWJC No. 18892 of 2015 along with CWJC No. 18950 of 2015 which were disposed of, giving liberty to the petitioners to seek remedy before the appropriate forum as may be available to them in accordance with law.

4. In that view of the matter, without going into the merit of the case, this writ petition is also disposed of in terms of the aforesaid order dated 05.12.2023 passed in CWJC No. 18892 of 2015 along with CWJC No. 18950 of 2015. (Rudra Prakash Mishra, J) rishi/- U