Praveen Kumar Prabhakar vs The State Of Bihar
2023 Latest Caselaw 4811 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.2511 of 2023
     ======================================================

Praveen Kumar Prabhakar, son of Shri Ram Prasad Yadav, resident of Village Mahindwar, Police Station Phulparas, District Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Land Development Department, Government of Bihar, Patna.

2. The District Magistrate, Madhubani.

3. The Special Land Acquisition Officer, Darbhanga Koshi Pariyojana, District- Darbhanga.

4. The Koshi Pariyojana Project Officer, Jhanjharpur, District Madhubani.

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

For the Petitioner/s : Mr.Prabhas Ranjan, Advocate For the Respondent/s : Mr.Rishi Raj Sinha (SC19) Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT

Date : 21-09-2023 Heard learned counsel for the petitioner and learned

counsel for the State.

2. Learned counsel for the petitioner submits that his

land is situated in Village -Araria Sangram, Khata No. 245 (old),

381 (new), Plot No. 464 (ol), 2303 (new), area 4 katha had been

acquired, but payment has not been made. He further submits

that the petitioner has filed a representation to that effect on

30.07.2017 before respondent No.3, namely, the Special Land

Acquisition Officer, Koshi Pariyojna Darbhanga, but no action

has been taken. Thereafter, the present writ petition.

3. A counter affidavit has been filed on behalf of Patna High Court CWJC No.2511 of 2023 dt.21-09-2023

respondent Nos. 2 and 4 annexing therein Letter No. 254 dated

28.02.2019 by which the petitioner is satisfied that his land has

figured in the said letter, but he is dissatisfied about fixing of the

nature of land. According to him, his land is residential in nature

whereas the committee has fixed this land as agricultural in

nature.

4. Learned counsel for the petitioner submits that many

raiyats have received compensation amounts as fixed by the

government in the nature of agricultural land.

5. In this background, this Court is of the view that the

State respondent shall pay the admissible compensation amount

to the petitioner within three months from today. The petitioner

shall be at liberty to receive the said compensation amount with

objection and he shall also be free to take recourse of law under

Section 64 of the Right To Fair Compensation And Transparency

In Land Acquisition, Rehabilitation And Resettlement Act, 2013

(Act No. 30 of 2013).

6. With the above observation and direction, the

present petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE               26/09/2023
Uploading Date         NA