Rudo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20299 of 2021 ====================================================== Rudo Devi Wife of Jay Prakash Singh, Resident of Village - Karna, P.O. and P.S.- Parbatta, District - Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

The Director Land Acquisition, Director, Bihar, Patna. 3.

The Commissioner, Munger Commissionary, Munger. 4.

The Collector, Khagaria.

5.

The District Land Acquisition Officer, Khagaria. 6.

The Executive Engineer, Path Pramandal, Khagaria. 7.

The Project Engineer, Bihar Rajya Pool Nirman Nigam, Path Pramandal, Khagaria.

8.

The Sub Divisional Officer, Gogri, Khagaria.

9.

The Circle Officer, Parbatta, Khagaria.

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

For the Petitioner/s :

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

Mr. Atul Shankar, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-01-2026 Heard Mr. Mrityunjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Atul Shankar, learned AC to SC 19 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "(I) For that the concerned respondents may be directed to pay the compensation amount Rs.3,00,00,000/- (three crore) against the acquired land of the petitioner as per type of land like residential but not as per general rate.

(ii) For that the concerning respondents may be directed to pay the rest compensation amount against the acquired land of petitioner after deducting Rs.20,78,690/- (twenty lacs seventy-eight thousand six hundred and ninety only) from the calculated amount as per rate of type of land like residential.

(iii) For that nay other relief/reliefs may also be granted in favour of the petitioner if SHE deserve the

Patna High Court CWJC No.20299 of 2021(3) dt.05-01-2026 2/2 same."

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner seeks to file an application before the appropriate authority, notified under Section 52 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act, 2013'), in accordance with the provisions of Section 64 of the Act, 2013, to challenge the compensation awarded to the petitioner and received for the determination of property compensation, as the land in question is residential in nature, rather than agricultural.

4. If such application is filed before the appropriate authority, notified under Section 52 of the Act, 2013, the same must be decided by him/her well within a period of 30 days, as per the statutory provision contained under Section 64 of the Act, 2013.

5. The writ petition is disposed of.

6. Interlocutory Application(s), if any, also stands disposed of.

(Purnendu Singh, J) Sanjay/- U