Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17004 of 2021 ====================================================== 1.

Kalawati Devi, W/o Lalan Prasad, Resident of Ward No. 04, Near Temple, P.S.- Koelwar, District - Bhojpur (Bihar).

2.

Indu Devi, W/o Madan Rai, Resident of Ward No. 04, Koelwar, District - Bhojpur (Bihar).

3.

Hari Mohan Rai, S/o Rampravesh Rai, Resident of Ward No. 04, P.S. - Koelwar, District - Bhojpur (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through Director Land Reform Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Bhojpur, Ara.

3.

The Land Acquisition Officer, Bhojpur, Ara.

4.

The Circle Officer, Koelwar, Bhojpur, Ara.

5.

The Presiding Officer, Authority of Patna (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishn Murari, Adv.

Mr. Md. Kamaluddin, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-09-2025 The instant writ petition has been filed by the petitioners under section 226 of the Constitution of India, invoking the writ jurisdiction of this Court, for directing the respondents to pay adequate compensation amount in respect of the petitioners' land, which has been acquired for the construction of Koelwar Bridge.

2. After hearing the petitioners' counsel and learned counsel appearing for the State-respondents, this Court finds that the petitioners should have filed an application before the

Patna High Court CWJC No.17004 of 2021(3) dt.04-09-2025 2/2 Collector, Bhojpur at Ara (respondent No. 2), under section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for redressal of their grievance with regard to the determination of the proper compensation amount in respect of their acquired land but the petitioners, without availing the said remedy, directly approached this Court by filing this writ petition.

3. Considering this aspect, the instant writ petition stands disposed of, with giving a liberty to the petitioners to file an application before the Collector, Bhojpur at Ara (respondent No. 2), for the aforesaid purpose in the next four weeks and if they avail this liberty then the Collector shall proceed with the application in the light of the provisions of section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. Accordingly, this writ petition stands disposed of. (Shailendra Singh, J) annu/- U