Mrityunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12183 of 2025 ====================================================== Mrityunjay Kumar, Son of- Sheetal Mandal, Resident of Village- Ward No. 4 Salempur Seni Nandlalpur, P.S.- Kahalgaon, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate, Bhagalpur.

3.

The Deputy Collector Land Reforms, Kahalgaon, Bhagalpur. 4.

The District Land Acquisition Officer, Kahalgaon, Bhagalpur. 5.

The Circle Officer, Kahalgaon, Bhagalpur.

6.

The Superintendent Engineer, NH Circle Bhagalpur. 7.

The Executive Engineer, NH Division, Bhagalpur. 8.

The Union of India, through National Highway, Government of India. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Shriwastava, Advocate.

For the Respondent/s :

Mr. Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 17-12-2025 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the Counsels.

2. Learned counsel appearing on behalf of the petitioner submits that the land of the petitioner has been utilized by the respondent-authority without paying any compensation and the petitioner has made representations dated 09.05.2025 and 02.06.2025 (Annexures-P/6 & 6A) to the Respondent No. 3 herein but till date authorities have not taken

Patna High Court CWJC No.12183 of 2025(3) dt.17-12-2025 2/3 any action to pay the compensation to the petitioner. Learned counsel submits that the Respondent No. 3 may be directed to pass necessary orders on the said application/representation made by the petitioner by fixing a time frame.

3. Per contra, the learned counsel appearing on behalf of the Respondent-State submits that the petitioner ought to had given his representation to the District Land Acquisition Officer, Kahalgaon, Bhagalpur who is the competent person for paying the compensation for the land which has been acquired. That the petitioner may be directed to give a fresh representation to the Respondent No. 4 herein and the same shall be considered strictly in accordance with law. In case, the claim of the petitioner is found to be genuine, necessary compensation will be paid for the land which is affected in the acquisition proceedings.

4. Having regard to the same, the present writ petition is disposed of granting liberty to the petitioner to make a suitable representation ventilating is grievance before the Respondent No. 4 herein within a period of four weeks from today. On such representation been made, the Respondent No. 4 shall verify the claim made by the petitioner and, in case, the claim of the petitioner is found to be true, take necessary steps

Patna High Court CWJC No.12183 of 2025(3) dt.17-12-2025 3/3 for paying the compensation amount as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013. The authority shall endeavour to pass necessary orders/award as expeditiously as possible preferably within a period of 12 weeks from the date of the receipt of the representation/application by the petitioner. It is needless to observe that before passing any order the petitioner shall be given an opportunity of hearing and filing necessary documents in support of his case. Any order passed shall be communicated to the party.

5. With the above directions, the present Writ Petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U