Shahin Amin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17607 of 2021 ====================================================== Shahin Amin Wife of Azhar Rabbani at Mirbhitta, P.O. and P.S.-Powakhali, District-Kishanganj, Bihar-855107 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary department of Revenue and Land Reforms, Bihar, Patna.

2.

The Collector Cum District Magistrate, Kishanganj. 3.

The District Land Acquisition Officer, Kishanganj. 4.

The Union of India, through the Secretary Department of Railways, Rail Bhawan New Delhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Manzer Karim, Adv For the UOI (Railway) :

Mr.Amish Kumar, Addl. C.G.C For the State : Mr. Sajid Salim Khan, SC 25 Mr. Atul Shanker, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-09-2025 Heard both the sides.

2. The instant writ petition has been filed by the petitioner under section 226 of the Constitution of India invoking writ jurisdiction of this Court for a direction upon the respondents to make adequate compensation amount in respect of the petitioners' land which has been acquired for the construction of Araria Galgal new B.G. Rail line.

2. After having heard both the sides and on perusal the relevant materials, this Court finds that the petitioner has directly approached this court for invoking writ jurisdiction without availing the statutory remedy available to him under

Patna High Court CWJC No.17607 of 2021(3) dt.04-09-2025 2/2 section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, hence, the instant writ petition stands disposed of with giving a liberty to the petitioner to file an application before the Collector-cum-District Magistrate, Kishanganj (Respondent No. 2), for the aforesaid purpose in the next three weeks and if he avails this liberty then the Respondent No.2 shall proceed with his 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) BKS/- U