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Patna High CourtCWJC/18897/2021withdrawn

Mosmat Geeta Devi v. The State Of Bihar Through The Collector

2024-11-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18897 of 2021 ====================================================== 1.

Mosmat Geeta Devi W/o Late Balmiki Singh Resident of Village - Amahara, Police Station Bihta, District- Patna.

2.

Harsh Kumar Harsh S/o Late Balmiki Singh Resident of Village - Amahara, Police Station Bihta, District- Patna.

3.

Durga Kumari W/o Rajeev Ranjan Resident of Mohalla - Hanuman Nagar, Police Station - Patrakar Nagar, District - Patna and Doughter of Late Balmiki Singh village - Amhara, P.S. - Bihta, District- Patna. 4.

Khushboo Kumari W/o Chandra Bhushan Kumar Resident of Village - Kamata, Police Station- Sheikhpura, District- Sheikhpura and doughter of Late Balmiki Singh of Village - Amahara, Police Station- Bihta, DistrictPatna. 5.

Jaya Kumari W/o Amitabh Sharma Resident of Village - Motha, Police Station - Arwal, District- Arwal and daughter of Late Balmiki Singh of village Amahara, P.S. Bihta, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector Patna. 2.

The District Land Acquision Officer, Patna.

3.

The Additional District Land Acquision Officer, Patna. 4.

The Bihar Industrial Area Development Authority through its Managing Director, 1st Floor Udyog Bhawan, Gandhi Maidan, Patna 800004. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2024 Heard learned counsel for the petitioners and learned AC to AAG-12.

2. The learned AC to AAG-12 at the outset submits that the writ application is not maintainable in view of Section 74(2) of the L.A. Act, 2013. It is submitted that no doubt the issue of limitation has been adjudicated by the LARRA Court

Patna High Court CWJC No.18897 of 2021(3) dt.28-11-2024 2/2 but then six issues were framed and the LARRA Court while deciding issue no.3, decided that the compensation awarded to the petitioners in terms of the award dated 19.05.2015 was adequate, it is submitted that since the award dated 19.05.2015 has been upheld by the LARRA court, as such the petitioners has remedy of filing appeal before this Court in terms of Section 74(2) of the Act.

3. The learned counsel for the petitioners realizing his difficulty seeks permission to withdraw the writ application with liberty to avail his remedy in accordance with law.

4. Permission is accorded.

5. Accordingly, the writ application is dismissed as withdrawn.

(Satyavrat Verma, J) Prakash Narayan U