Kamlesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15356 of 2022 ====================================================== 1.

Kamlesh Kumar Singh son of Bhola Singh, resident of Village-Tarari, P.S.- Daudnagar and District-Aurangabad.

2.

Rajendra Prasad, son of Late Shiv Narayan Ray, resident of Village-Tarari, P.S.-Daudnagar and District-Aurangabad.

3.

Krishna Murari, son of Late Kashinath Singh, resident of Village-Tarari, P.S.-Daudnagar and District-Aurangabad.

4.

Meena Devi @ Meena Wife of Akhilesh Prasad, Resident of Mohalla 101 Harinandan Niwas, Ganga Veehar Colony, Beur Phulwari, P.S.-Phulwari, District-Patna.

5.

Naresh Thakur, son of Late Dukhbhajan Thakur, resident of Village-Tarari, P.S.-Daudnagar and District-Aurangabad.

... ... Petitioner/s

Versus

1.

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

The District Magistrate cum Collector, Aurangabad. 3.

The District Land Acquisition Officer, Aurangabad. 4.

The Deputy Collector Land Reforms Daudnagar (Aurangabad). 5.

The Circle Officer, Circle Daudnagar, Aurangabad. 6.

The Project Director, Bihar Rajya Pul Nirmal Nigam Limited located at Village-Tarari, P.S.-Daudnagar, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Respondent/s :

Mr. Ravindra Kr. Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-04-2023

1. Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The petitioners have filed the instant application for the following reliefs:

"That Petition is being filed in nature of mandamus for issuance of Writ (s), order (s) or

Patna High Court CWJC No.15356 of 2022(4) dt.28-04-2023 2/3 direction (s) upon the concerned Respondent Authority i.e. the Land Acquisition and Rehabilitation and Resettlement Authority Gaya (in short- LARA) to accept the Petition filed under Section 64(1) of the RTFCLARR Act, 2013 on in light of identical issue passed by this Hon'ble Court Vide order dated 28.6.2017 in C.W.J.C No. 5637 of 2017 and dispose the matter within the stipulated period of six month as provided under the Ac and further for payment of the Award amount with interest as provided under Section 80 of the Act by seeking reference to the District Magistrate cum Collector under Section 64 of the Act."

3. Learned counsel for the petitioners submits that an award has been prepared in the instant case. The petitioners having objection to the quantum of compensation computed, liberty is sought by the petitioners to move before the appropriate authority as contemplated under section 64 of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. Having heard learned counsel for the parties, this

Patna High Court CWJC No.15356 of 2022(4) dt.28-04-2023 3/3 application is disposed of with liberty to the petitioners to move before the Authority under section 64 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013. In case, such an application is filed within a period of thirty days from today, the authority concerned shall decide the same on merits in accordance with law within a period of six months from the date of its filing.

5. It is further directed that if any compensation is found payable to the petitioners, the same shall also be paid within the aforesaid period.

6. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) Prakash/Ayush/ U