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Patna High CourtCWJC/15200/2025disposed

Shailendra Kumar @ Shailendar Kumar v. The State Of Bihar

2025-09-25Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15200 of 2025 ====================================================== Shailendra Kumar @ Shailendar Kumar, Son of Balkrishna Singh @ Nalkrishan Singh, Resident of Village- Ghoghi, P.S.- Piri bazar, (Suryagarha) District- Lakhisarai ... ... Petitioner/s

Versus

1.

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

The Collector, Lakhisarai 3.

The District Land Acquisition Officer, Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Adv.

Ms. Shyama Rani, Adv.

For the Respondent/s :

Ms. Kumari Amrita, G.P.-3 Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-09-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioner seeking the following relief(s):

"1. That this is a writ application for issuance of a writ in the nature of writ of Mandamus commanding the respondents for immediate payment of compensation to the petitioner against acquisition of his land area 63 decimals of land from Tauzi No. 5443, Thana No.-79, Zamabandi No.-278 of Khata No. 152. 263. Khesra No.-1041, 1101 out of one acre nineteen decimals (1.19 decimals) of land which was recorded in the name of his father Bal Krishna Singh and further issuance of writ in the same nature directing the respondent No. 3 for payment compensation amount paid with interest."

Patna High Court CWJC No.15200 of 2025(2) dt.25-09-2025 2/3

2. Mr. Awadhesh Kumar Singh, learned counsel appearing for the petitioner and Ms. Kumari Amrita, learned counsel appearing for the State-respondents are present and are heard.

3. The main grievance of the petitioner is that the petitioner earlier preferred writ application bearing CWJC No. 18774 of 2024seeking the same relief and the same was disposed of vide order dated 10.12.2024 giving the petitioner a liberty to approach the authority concerned by filing a fresh representation for redressal of his grievance which was raised by him in the writ petition of CWJC No. 18774 of 2024. It is further submitted that the petitioner bonfidely gave the wrong details of Khata number and Khesra number in the writ petition of CWJC No. 18774 of 2024 and thereafter he filed MJC No. 163 of 2025 with a prayer for modification in the writ petition but the same was withdrawn by the petitioner with a liberty to file a fresh writ petition and consequently the petitioner has again filed the present writ petition with the same prayer which was made by him earlier in CWJC No. 18774 of 2024 now giving the correct details of the Khata number and Khesra number in the paragraph no.1.

4. Considering the aforesaid submissions and having

Patna High Court CWJC No.15200 of 2025(2) dt.25-09-2025 3/3 gone through the issue raised by the petitioner it appears that the petitioner has an efficacious remedy under Section 64 of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 and the same should have been availed by him, so, considering this aspect he is again given a liberty to raise his issue before the competent authority under the relevant law by filing a fresh representation for redressal of his grievances.

5. If he avails this liberty in the next six weeks from today then the concerned authority will decide his issue as per the provisions of law without being prejudiced with this order according to merit and the period spent by the petitioner in this writ petition as well as in earlier writ petition shall not be taken into consideration while computing the necessary limitation period.

(Shailendra Singh, J) Rajiv/- U