Kamla Devi vs The State Of Bihar
2023 Latest Caselaw 4062 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.10877 of 2022
     ======================================================

1. Kamla Devi, Wife of Ramjeet Saw, resident of Village- Maudahi, P.O. -

Katesar, P.S. - Bihta, District - Patna.

2. Jay Krishna Prasad, Ray son of Late Shri Prasad Ray, resident of Village -

Sikandarpur, P.O. - Katesar, P.S. - Bihta, District - Patna.

... ... Petitioner/s Versus

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

2. The District Magistrate, Patna Collectorate, Patna.

3. The District Land Acquisition Officer, Patna Collectorate, Patna.

4. The Additional District Land Acquisition Officer, Patna Collectorate, Patna.

5. Most. Kalawati Devi wife of Late Mahendra Singh @ Late Mahendra Mahto, resident of Village - Sikandarpur, P.O. - Katesar, P.S. - Bihta, District

- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rashid Izhar, Advocate For the Respondent/s : Mr.Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 25-08-2023 Heard learned counsel for the petitioners and learned

counsel for the State.

2. The present application has been filed for directing

the respondent authorities to comply with the order dated

02.03.2020 passed in Land Acquisition Reference Case No.

311/2016(P) (arising out of L. A. Case No.01/2011-12) passed

by the Land Acquisition Rehabilitation and Resettlement

Authority, Patna and pay the awarded compensation amount to

the petitioners.

Patna High Court CWJC No.10877 of 2022 dt.25-08-2023

3. Learned counsel for the petitioners submits that the

Land Acquisition Rehabilitation and Resettlement Authority,

Patna has decided the Land Acquisition Reference Case No.

311/2016(P) (arising out of L. A. Case No.01/2011-12) in their

favour vide order dated 02.03.2020, but payment has not been

made to the petitioners by the District Land Acquisition Officer.

The petitioner has filed a representation to that effect before the

District Land Acquisition Officer, Patna, as contained in

Annexure-2 to the writ petition, but till date no action has been

taken on the representation of the petitioners. Therefore, they

have preferred the writ petition.

4. Learned counsel for the State submits that from the

order, it transpires that one Mostt. Kalawati Devi who is

respondent No.5 in the present case had contested the Land

Acquisition Reference Case No. 311/2016(P) (arising out of L.

A. Case No.01/2011-12).

5. In this background, respondent No.3, namely, the

District Land Acquisition Officer, Patna is directed to take a

decision on the representation of the petitioner (Annexure-2 to

the writ petition) within three months from today considering

this aspect that Land Acquisition Reference Case No.

311/2016(P) has been decided in favour of the petitioners and Patna High Court CWJC No.10877 of 2022 dt.25-08-2023

also if Mostt. Kalawati Devi has not preferred any appeal under

Section 74 of the Right To Fair Compensation and Transparency

in Land Acquisition, Rehabilitation And Resettlement Act, 2013

and there is a stay in her favour. The time frame of the

representation (Annexure-2) shall be counted from the date of

production/receipt of a copy of this order.

6. With the aforesaid observation and direction, the

writ petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          29.08.2023
Transmission Date       NA