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Patna High CourtCWJC/13852/2019disposed

Niranjan Kumar v. The State Of Bihar

2019-07-18Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13852 of 2019 ====================================================== 1.

Niranjan Kumar Son of Late Suresh Singh, Resident of Village- Sabnima, Police Station - Athmalgola, District- Patna. 2.

Suresh Prasad Singh, Son of Late Ram Bachchan Singh, Resident of VillageSabnima, Police Station - Athmalgola, District- Patna. 3.

Dhirendra Singh, Son of Late Yogendra Prasad, Resident of VillageSabnima, Police Station - Athmalgola, District- Patna. 4.

Sachindra Singh, Son of Late Yogendra Singh, Resident of VillageSabnima, Police Station - Athmalgola, District- Patna. 5.

Kaushlendra Kumar Son of Late Yogendra Prasad Singh, Resident of Village- Sabnima, Police Station - Athmalgola, District- Patna. 6.

Babloo Kumar Son of Late Suresh Singh, Resident of Village- Sabnima, Police Station - Athmalgola, District- Patna. 7.

Ranjit Kumar son of Late Kameshwar Singh, Resident of Village- Sabnima, Police Station - Athmalgola, District- Patna. 8.

Ram Naresh Singh, Son of Late Bhuneshwar Singh, Resident of VillageSabnima, Police Station - Athmalgola, District- Patna. 9.

Mahesh Singh Son of Late Bhuneshwar Singh, Resident of VillageSabnima, Police Station - Athmalgola, District- Patna. 10.

Umesh Singh, Son of Late Bhuneshwar Singh, Resident of VillageSabnima, Police Station - Athmalgola, District- Patna. 11.

Mostt. Neelam Devi Wife of Late Suresh Singh, Resident of VillageSabnima, Police Station - Athmalgola, District- Patna. 12.

Jeera Devi Wife of Chandrika Das Resident of Village- Sabnima, Police Station - Athmalgola, District- Patna.

13.

Rampati davi Wife of Mahesh Rajak Resident of Village- Sabnima, Police Station - Athmalgola, District- Patna.

14.

Sohan Rai Son of Late Bankey Rai, Resident of Village - Ram Nagar Diyara, Police Station- AthmalGola, District- Patna.

15.

Yogendra Prasad Singh, Son of Late Ram Kishor Singh, Resident of Village - Ram Nagar Diyara, Police Station- AthmalGola, District- Patna. 16.

Ravindra Singh, Son of Late Ram Kishore Singh, Resident of Village - Ram Nagar Diyara, Police Station- AthmalGola, District- Patna. 17.

Sunil Singh @ Sunil Kumar Son of Late Devendra Singh, Resident of Village - Ram Nagar Diyara, Police Station- AthmalGola, District- Patna. 18.

Dhudeshwar Singh, Son of Late Ramchandra Singh, Resident of Village - Ram Nagar Diyara, Police Station- AthmalGola, District- Patna. 19.

Sudeshwar Singh, Son of Late Kamate Prasad Singh, Resident of Village - Ram Nagar Diyara, Police Station- AthmalGola, District- Patna. 20.

Mithilesh Kumar Singh, son of Late Akhileshwar Prasad Singh, Resident of Village - Ram Nagar Diyara, Police Station- AthmalGola, District- Patna.

Patna High Court CWJC No.13852 of 2019(2) dt.18-07-2019 2/3 ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate, Patna.

4.

The District Land Acquisition Officer, Patna. 5.

The Additional District Land Acquisition Officer, Patna. 6.

The Circle Office, Barh, District Patna.

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

For the Petitioner/s :

Mr. Ajay Kr. Singh Mr.Balram Kapri For the State :

Mr.Md. Khursid Alam ( AAG-12 ) Mr. Fakhruddin Ali Ahmad, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-07-2019 Heard the learned counsel for the parties.

It is the petitioners' case that their lands were acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act'). They have a grievance that the amount of compensation has not been duly determined and the nature of the lands has wrongly been treated to be agricultural, instead of residential.

The claims of the petitioners have been turned down by the District Land Acquisition Officer, Patna by his order dated 08.05.2017, which has been challenged in the present writ

Patna High Court CWJC No.13852 of 2019(2) dt.18-07-2019 3/3 application.

The petitioners have remedy under Section 64 of the Act. The petitioners are seeking a direction to the District Magistrate to refer the case to the competent authority under Section 64 of the Act.

This writ application is disposed of with an observation that, if any application is made by the petitioners, seeking reference of the matter under Section 64 of the Act, the same shall be considered and disposed of expeditiously, in accordance with law.

(Chakradhari Sharan Singh, J) HR/- U