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Patna High CourtCWJC/2134/2017disposed

Bishundeo Singh And ORS v. The State Of Bihar And ORS

2019-02-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2134 of 2017 ====================================================== 1.

Bishundeo Singh son of Late Ram Swarath Singh 2.

Ram Ratan Prasad 3.

Jitendra Kumar 4.

Mukesh Kumar Petitioner no. 2 to 4 are sons of Late Dani Singh all 1 to 4 are Resident of Village- Jamuanwa, P.O.- Tungi, P.S. Wazirganj, DistrictGaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Department of Land and Revenue, Govt. of Bihar, Patna 2.

The Competent Authority-cum- Collector, Gaya, District- Gaya. 3.

The District Land Acquisition Officer, Gaya, District- Gaya. 4.

The Circle Officer, Anchal Wazirganj, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Respondent/s :

Mr.Rakesh Kumar Srivastava, AC to GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-02-2019 The petitioners have grievance that against acquisition of their land, they are entitled to compensation at commercial rate whereas the petitioners have been allowed compensation treating the land to be agricultural.

The petitioners have remedy under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act'), which they may avail, if the same is found to be permissible. The representation, which has been brought on

Patna High Court CWJC No.2134 of 2017(4) dt.28-02-2019 2/2 record, said to have been made before the District Land Acquisition Officer, Gaya at page 54 of the writ application does not inspire much confidence as it does not appear to have been duly received.

In such circumstance, the competent authority while considering the petitioners' case for compensation may take into account the period of limitation also as prescribed under the law. This disposes of the application.

(Chakradhari Sharan Singh, J) arun/- U