Sk Azim v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14267 of 2015 ====================================================== Sk Azim, Son of Sk Alijaan, Resident of Pirpainti Bazar, P.S.- Pirpainti, District- Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate cum Collector, Bhagalpur

3. The District Land Acquisition Officer, Bhagalpur

4. Anchaladhikari, Pirpainti Anchal, District- Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Jha, Adv. Mr.Chandra Shekhar Shrama, Adv.

For the Respondent/s : Mr. Krishna Chandra, AC to AG. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-01-2016 Though, the present writ petition has been filed on behalf of the petitioner seeking a direction to the respondent no.3 to pay the compensation amount to him for the lands in question, which were acquired by the State Government for Pirpainti Thermal Power Project, but, in view of the fact that on the objection raised by certain private individuals, the matter has been referred to the Civil Court of competent jurisdiction by an order dated 29.04.2015, as contained in Annexure-A to the counter affidavit filed on behalf of the respondent nos.2 and 3, in which the petitioner was opposite party, the present writ petition is disposed of with a liberty to the petitioner to raise all the issues of facts and law before the prescribed authority under Section 64 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'Act, 2013').

It goes without saying that, the authority under

Patna High Court CWJC No.14267 of 2015 (4) dt.18-01-2016 Section 64 of the Act, 2013 shall be obliged to consider all the pleas raised on behalf of the petitioner and shall pass appropriate final order only after giving an opportunity of hearing to the petitioner as also the objectors, at whose instance the matter has been referred to by the aforesaid order dated 29.04.2015 (Annexure-A).

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U