Abdul Fazlee Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.824 of 2020 ====================================================== Abdul Fazlee Rabbani Son of Hamidur Rahman, Resident of VillageBansbari, P.O. and P.S.-Thakurganj, District-Kishanganj, Pin Code-855116 (Bihar).

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Collector-Cum-District Land Acquisition Officer, Kishanganj, DistrictKishanganj (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Giri, Adv.

Mr. Santosh Kr. Mishra, Adv.

For the State :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-01-2020 Heard Mr. Raju Giri, learned counsel appearing on behalf of the petitioner.

The petitioner filed this writ petition for the following reliefs:- I. To issue an appropriate writ/order /direction, in the nature of Certiorari quashing the Memo No. 308 dated 04.02.2019 issued by the Collectorcum-Land Acquisition Officer, Kishanganj by which it has been informed to the father of the petitioner that the Award of his father's land acquired for constructions of Araria-Galgalia New B. G. Rail Line has been ascertained as Rs. 11,71,380/- (Rupees Eleven Lakh Seventy One Thousand Three Hundred Eighty only) and has been requested to receive the amount after producing appropriate papers of the land in question (as contained in Annexure-4).

Patna High Court CWJC No.824 of 2020(2) dt.14-01-2020 2/3 II. To issue an appropriate writ/order/direction, holding the Award of the compensation amount of Rs. 11,71,380/- under Section 23 & 30 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the "2013 Act") as illegal, null and void as the same has been prepared against the Principle of Natural Justice and without disposing of the objection, which was mandatorily required under Section 23 of the 2013 Act.

III. To issue an appropriate writ/order/direction, directing the Respondents to dispose of the objection of the father of the petitioner filed under Section 21 of the 2013 Act in the manner as laid down under Section 23 of the 2013 Act.

IV. To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.

Learned counsel for the petitioner submits that now the matter has already been referred to the Land Acquisition Rehabilitation and Resettlement Authority, Purnea on 18.11.2019. In this view of the fact, learned counsel for the petitioner seeks permission to withdraw this writ petition with direction to the authority to dispose of the matter of the petitioner expeditiously preferably within three months. Prayer is allowed.

Accordingly, I dispose of the writ petition with a direction to the authority concerned to dispose of the objection of the petitioner expeditiously preferably within three months

Patna High Court CWJC No.824 of 2020(2) dt.14-01-2020 3/3 from the date of receipt/production of a copy of this order, in accordance with law.

With the aforesaid direction, this writ petition stands disposed of as withdrawn.

(Prabhat Kumar Jha, J) Harish/- U