Dr. Rabindra Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18228 of 2021 ====================================================== Dr. Rabindra Nath Singh S/o Late Madhava Prasad Singh R/o-Village and P.O. - Akhgaon, P.S.-Sandesh, District-Bhojpur (Presently residing at A-87, Near Manokamana Mandir, Anand Vihar Colony, P.S.-Rupaspur, DistrictPatna) ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Ara at Bhojpur.

3.

The District Land Acquisition Officer, Ara at Bhojpur. 4.

The Circle Officer, Sandesh, Ara at Bhojpur.

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

For the Petitioner/s :

Mr. Awadhesh Kumar, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 Mr. Manoj Kumar Sinha, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-10-2024

1. Heard learned counsel for the petitioner and learned AC to SC-19.

2. Learned counsel for the petitioner submits that the land of the petitioner pertaining to Khata No. 47, Khesra No. 1439, Thana No. 212, Area 50 decimals, at Mauza Akhgaon, P.S. Sandesh, District Bhojpur was acquired in the year 1977-78 by the respondent-State for rehabilitation of displaced flood affected persons of village Saripur, District Bhojpur. It is further submitted that no doubt, the land of the petitioner was acquired for the aforesaid purpose and award was also prepared but the father of the petitioner under protest did not accept the award. It is next submitted that petitioner and his family remained in

Patna High Court CWJC No.18228 of 2021(2) dt.30-10-2024 2/3 continued possession of the land in question. It is also submitted that though the land was acquired for the purposes of rehabilitating flood affected persons but then from the date of acquisition till date no one ever came on the land to take possession on the ground that the land has been allotted to them being flood affected persons.

3. Learned counsel for the petitioner submits that since the purpose for which the acquisition of the land of the petitioner was made did not serve its purpose, as such, the petitioner had filed a representation before the Collector, Bhojpur on 07.04.2021 and 08.08.2021 through registered post for deciding the issue in accordance with Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. It is further submitted that the Collector till date has not disposed of the representation of the petitioner dated 07.04.2021 and 09.08.2021 (Annexure 2 and 2/1).

4. Learned counsel for the petitioner submits that the petitioner would be satisfied, in the event, if the Collector, Bhojpur is directed to dispose of the representation of the petitioner filed before him seeking redressal of his grievance as raised in the instant writ application.

Patna High Court CWJC No.18228 of 2021(2) dt.30-10-2024 3/3

5. Learned AC to SC-19 submits that from perusal of para 15 of the writ application, it manifests that the representation was sent by registered post. It may be a possibility that the representation of the petitioner may not have reached the Collector, Bhojpur on which learned counsel appearing on behalf of the petitioner submits that he will file a fresh representation on or before 18.11.2024 for seeking redressal of his grievance.

6. After hearing learned counsel for the parties, the writ application is disposed of with a direction to the Collector, Bhojpur that if any representation is filed on behalf of the petitioner on or before 18.11.2024, the Collector, Bhojpur shall dispose it of within a period of three months from the date of its receipt, if possible.

(Satyavrat Verma, J) Kundan/- U