Shiva Kumar Bhagat @ Shiv Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.686 of 2025 ====================================================== Shiva Kumar Bhagat @ Shiv Kumar Jaiswal Ramlal Bhagat @ Ramlal Jaiswal Resident of Village- Alamnagar P.S - Alamnagar District- Madhepura. ... ... Petitioner/s

Versus

1.

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

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

The District Magistrar-Cum-Collector, Madhepura. 4.

The District Land Acquisition Officer, Madhepura. 5.

The Executive Engineer, (Karama Alamnagar Path Sudhar Pariyojna), Road Construction Department, Madhepura.

6.

The Circle Officer, Alamnagar, District-Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar For the Respondent/s :

Mr. Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2025 1.

Heard learned counsel for the petitioner and learned SC-9, Shri. Kinkar Kumar.

2.

The learned counsel for the petitioner submits that petitioner's raiyati land measuring 1 decimal appertaining to Khata No. 1876, Khesra No. 2357 at Mauza-Alamnagar, Thana No. 72/1, Anchal-Alamnagar, District- Madhepura was acquired for Karama-Alamnagar road maintenance project. 3.

It is next submitted that accordingly award was prepared but then the petitioner was not satisfied with the award hence he approached the Collector under Section 64 of the Right

Patna High Court CWJC No.686 of 2025(2) dt.13-02-2025 2/2 to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as "2013 Act") by filing his representation dated 20-11-2024, but then Collector did not refer the same to Land Acquisition Rehabilitation and Resettlement Authority (LARRA). 4.

The learned counsel appearing on behalf of the State submits that if the grievance of the petitioner as raised in his representation dated 20-11-2024 was not referred by the Collector before LARRA, in that event the petitioner himself could have approached LARRA in terms of Section 64(1) of the 2013 Act read with the proviso.

5.

Learned counsel for the petitioner, at this stage, seeks permission to withdraw the writ application with liberty to move before LARRA with respect to the grievance as raised in the instant writ application.

6.

Permission is accorded.

7.

Accordingly, the instant writ application is dismissed as withdrawn with liberty aforesaid. (Satyavrat Verma, J) SUMIT/- U