Patna High CourtCWJC/17519/2015disposed

Ratan Chandra Das And ANR v. The State Of Bihar And ORS

2016-03-29Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17519 of 2015 ======================================================

1. Ratan Chandra Das, son of Late Laxmi Prasad Das

2. Manoj Kumar Das, son of Late Vijendra Prasad Das Both residents of Village : Bihariganj, P.S. : Bihariganj, Anchal: Bihariganj, District : Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna.

2. The Director, Land Reforms Department, Government of Bihar, Patna.

3. Deputy Chief Manager, Bihar State Road Development Corporation, Govt. of Bihar, Patna.

4. Deputy General Manager, Bihar State Road Development Corporation, Govt. of Bihar, Madhepura.

5. The District Magistrate, Madhepura.

6. The District Land Acquisition Officer, Madhepura.

7. The Deputy Development Commissioner, Madhepura.

8. The Sub Divisional Officer, Udakishunganj, District Madhepura.

9. The Circle Officer, Bihariganj District : Madhepura. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Respondent/s : Mr. Md. Faiz Ahmad, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-03-2016 In view of the nature of the grievances raised on behalf of the petitioners with respect to the notices issued under Section 37(2) of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (in short 'Act, 2013'), the petitioners have an alternative and equally efficacious remedy under Section 64 of the Act, 2013. Apparently, they have not exhausted the alternative remedy available to them under Section 64 of the Act, 2013. In above view of the matter, the present writ petition is disposed of with a liberty to the petitioners to approach the Collector for reference of the matter under Section 64 of the Act,

Patna High Court CWJC No.17519 of 2015 (2) dt.29-03-2016 2013.

It goes without saying that, if an appropriate petition is filed on behalf of the petitioners within a period of four weeks from today with a certified copy of the present order, then the respondent District Collector, Madhepura shall be obliged to consider and pass an appropriate order in terms of Section 64 of the Act, 2013 expeditiously.

(Birendra Prasad Verma, J) Arvind/- U