Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14055 of 2025 ====================================================== 1.

Manish Kumar Son of Late Raghuvansh Prasad Singh Resident of VillageNayagaon Tola Satkhutti, P.O. and P.S- Parbatta, District- Khagaria. 2.

Pramod Prasad Singh Son of Late Bachcha Prasad Singh Resident of Village- Nayagaon Tola Satkhutti, P.O. and P.S- Parbatta, District- Khagaria. 3.

Saurabh Garg Son of Late Devanand Singh Resident of Village- Nayagaon Tola Satkhutti, P.O. and P.S- Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Water Resources Department, Government of Bihar. 3.

The Executive Engineer, Flood Control Division-1, Khagaria. 4.

The Director, Land Acquisition Department, Khagaria. 5.

The Chairman, Disaster Management Committee, Bihar, Patna. 6.

The Collector, Khagaria.

7.

The Land Acquisition Officer, Khagaria.

8.

The Sub-Divisional Officer (SDO), Gogri, Khagaria. 9.

The Circle Officer, Parbatta, Khagaria.

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

For the Petitioner/s :

Mr.Rakesh Narayan Singh, Adv.

For the Respondent/s :

Mr. Dhurjati Prasad, GP- 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-09-2025 Heard Mr. Rakesh Narayan Singh, learned counsel for the petitioners and Mr. Dhurjati Prasad, learned GP- 14 for the State.

2. The instant writ petition has been filed under Article 226 of the Constitution of India against the order/ award dated 24.10.2024/ 13.01.2025 passed by the Presiding Officer (Authority), Land Acquisition, Rehabilitation and Resettlement,

Patna High Court CWJC No.14055 of 2025(2) dt.04-09-2025 2/2 Munger Division, Munger in LAARA Case No. 43 of 2018.

3. Learned counsel for the State submits that the instant writ petition is not maintainable as the petitioners have specific statutory remedy of appeal under section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. This court finds substance in the aforesaid submission.

5. Accordingly, this writ petition stands dismissed as not maintainable. However, the petitioner is given a liberty to file an appeal against the order/ award dated 24.10.2024/ 13.01.2025 within three weeks from today. If he avails this liberty then the period spent by the petitioner in this writ petition shall be excluded while computing the period of limitation as per the provisions of Limitation Act. (Shailendra Singh, J) BKS/- U