Pramanik Kumar vs The State Of Bihar
2023 Latest Caselaw 3467 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.4082 of 2023

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Pramanik Kumar, Son of Late Nanhak Roy @ Rajeshwar Prasad Singh, Resident of Village- Mohiuddinpur, P.S.- Fatuha, District- Patna.

... ... Petitioner/s Versus

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

2. The District Magistrate cum Collector, Patna.

3. The District Land Acquisition Officer, Patna.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ashutosh Singh, Advocate For the Respondent/s : Mr.Rishi Raj Sinha (SC19) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 02-08-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

2. Learned counsel for the petitioner submits that the

other co-sharers who are also the awardee along with the

petitioner had moved before this Hon'ble Court in CWJC

No.5708 of 2019 which was disposed of vide order dated

29.03.2019 directing the petitioner that if the petitioner's

application under Section 64 of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Patna High Court CWJC No.4082 of 2023 dt.02-08-2023

Resettlement Act, 2013 (her4082einafter referred to as 'the Act

of 2013') is pending and if the petitioner has objected at the

time of acceptance of the award, his claim for determination of

compensation amount shall be considered and decided, in

accordance with the law, within the reasonable period.

3. Learned counsel for the petitioner submits that vide

Annexures 1, 2, and 3, the information with regard to land

acquisition has been made in L.A. Case No. 03 /2012-13

bearing award No. 80 for construction of Bihta-Sarmera SH-78.

The said acquisition was made in the name of three persons,

namely, Pramanik Kumar (petitioner), Baleshwar Prasad, and

Govind Narayan who were co-parceners. Learned counsel for

the petitioner further submits that one of the co-parcener,

namely, Baleshwar Prasad @ Baleshwar Singh had moved

earlier before this Court in CWJC No. 5708 of 2019, and the

said writ petition was disposed of vide order dated 29.03.2019

granting liberty to the petitioner that petitioner's application

under Section 64 of the Act of 2013 is pending and if the

petitioner raises objection at the time of accepting the award, his

claim for determination of compensation amount shall be

considered and decided, in accordance with law, within the

reasonable period.

Patna High Court CWJC No.4082 of 2023 dt.02-08-2023

4. Learned counsel for the petitioner further submits

that the said co-parcener has submitted representation vide

Annexure-8 which is dated 03.07.2019, but till date, nothing

happened.

5. Learned counsel for the State has raised the

objection that the present petition is not maintainable due to the

reason that no such application was either filed by the petitioner

of CWJC No. 5708 of 2019 or by the present petitioner under

Section 64 of the Act of 2013 before the Collector of the district

who is competent to take action under Section 64 of the Act of

2013 which is apparent from Annexure -8 itself.

6. In this background, learned counsel for the

petitioner submits that the said Baleshwar Singh is no more. It is

the petitioner who is persuading the matter. Such a mistake has

been done by his uncle and in that background, he may be

permitted to withdraw the present petition with liberty to file his

representation in the light of the order passed in the earlier

CWJC No. 5708 of 2019 under Section 64 of the Act of 2013

explaining the situation within four weeks from today

whereupon the respondent No.2, the District Magistrate-cum-

Collector, Patna be directed to pass a reasoned and speaking

order within 8 weeks thereafter.

Patna High Court CWJC No.4082 of 2023 dt.02-08-2023

7. Ordered accordingly.

8. With the above observation and direction, the writ

petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          04.08.2023
Transmission Date       NA