Gopal Paswan v. The State Of Bihar Through Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10928 of 2024 ====================================================== 1.
Gopal Paswan Son of late Balmiki Paswan, R/o Village- Yougpur,P.S. Piri Bazar, P.O.- Kajra, District- Lakhisarai.
2.
Chandan Kumar, Son of late Ramanand Nandan, R/o Village- Bariarpur, P.S. Piri Bazar, P.O.- Piri Bazar, District- Lakhisarai. 3.
Vijay Singh, Son of late Tapeshwar Singh, R/o Village- Yougpur,P.S. Piri Bazar, P.O.- Kajra, District- Lakhisarai.
4.
Krishnakant Pathak, Son of late Gopal Pathak, R/o Village- Bariarpur, P.S. Piri Bazar, P.O.- Piri Bazar, District- Lakhisarai. 5.
Shital Yadav, Son of Munna Yadav, R/o Village- Khaira, P.O. Kajra, P.S. Piri Bazar, District- Lakhisarai.
... ... Petitioner/s
Versus
1.
The State Of Bihar through Additional Chief Secretary Revenue and Land Reforms, Department.
2.
Additional Chief Secretary, Revenue and Land Reforms Department, Patna. 3.
Collector, Lakhisarai.
4.
District Land Acquisition Officer, Lakhisarai. 5.
Anchal Adhikari, Surajgadh, Lakhisarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S. N.P. Singh, Sr. Advocate with Mr. S.P. Singh, Mr. Gaurav Kumar and Mr. Atul Prakash, Advocates For the State :
Mr. Abbas Haider, SC 6 with Mr. Wasi Mohammad, AC to SC 6 ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-07-2024 Heard Mr. S. N. P. Singh, learned Senior Advocate for the petitioners and the learned Standing Counsel-6 for the State.
2. The petitioners by invoking the jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondents to ensure payment of
Patna High Court CWJC No.10928 of 2024 dt.23-07-2024 2/3 compensation of his land and trees, the details of which have been given in paragraph-3 of the petition in accordance to Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
3. Learned Senior Advocate for the petitioners contended that though the notification was made on 01.07.2011, lands were acquired in the year 2011-12 but full compensation has not been paid to the petitioners. Thus, in such circumstances the petitioners are entitled to get compensation at par with the new Act, 2013. It is further contended that for redressal of their grievance the petitioners filed a representation before the Collector, Lakhisarai but the mater has not been referred to the appropriate authority till date.
4. Learned Advocate for the State at this juncture submitted that since the matter is pending before the Collector, Lakhisarai he shall pass necessary order in accordance with the law considering the grievance of the petitioners.
5. Having heard the parties and taking note of the limited grievance of the petitioners, the writ petition stands disposed of with a direction to the petitioners to file a fresh representation before the Collector, Lakhisarai within four weeks, who shall look into the matter and dispose of the same,
Patna High Court CWJC No.10928 of 2024 dt.23-07-2024 3/3 in accordance with law, preferably within a further period of eight weeks from the date of receipt/production of a copy of this order.
(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 24.07.2024 Transmission Date