In a writ petition seeking mandamus for land compensation under the 2013 Act, the Court heard submissions noting the petitioner's uncertain status and opposing evidence involving a Religious Trust. No rejoinder was filed by the State. The Court disposed of the matter without granting the petitioned relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10352 of 2016
======================================================
Lakshmi Narayan Bhagwan Chela Hariprapann Ramanuj Das of Village Sikraul, P.S.- Rajpur, District- Buxar.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ambuj Nayan Chaubey, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13 Mr. Rajat Kumar Tiwary, AC to AAG-13 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 13-05-2024
Learned counsel for the petitioner submits that to his
knowledge, the petitioner is no more but he his not confirmed.
grant of following relief/s:-
“i. For issuance of an appropriate writ/order/direction including writ in the nature of mandamus directing the Respondent Land Acquisition Officer, Buxar to pay the statutory compensation amount, as Awarded, to the petitioner along with interest for the period of delay after drawing of award in accordance with the statutory provision as contained in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as "The
Patna High Court CWJC No.10352 of 2016(2) dt.13-05-2024 2/3
Act 30 of 2013") to compensate for his lands acquired by respondent authorities for Buxar Thermal Power Project;
ii. For grant of such other relief/reliefs as the petitioners may be found entitled to I the facts and circumstances of the instant case.”
“4. That it is humbly submitted and stated that vide letter dated 26.07.2013 the co-villagers of Sikroul (Chousa) have objected the payment of said compensation of Lakshmi Narayan Thakurbari, Sikroul (Chousa) to said Shebait on the ground that this Thakurbari is being governed Bihar State Board of by Religious Trust.
6. That in mean the time the
Superintendent, Bihar State Board of Religious Trust informed vide letter no.
Patna High Court CWJC No.10352 of 2016(2) dt.13-05-2024 3/3
1306, dated 24.07.2015 that vide letter no. 6345, dated 28.03.1989 it has been decided that the CO, Buxar will be the Trustee of this Thakurbari and the payment should not be made to any person without consent of the Trust.
7. That the Land Acquisition
Officer, Buxa vide letter no. 365, dated 11.08.2015 requested to Superintendent, Bihar State Board of Religious Trust to produce relevant aspect/documents in favour of Trust.”
(Rajiv Roy, J)
Adnan/-
U
2 issues framed by the court
Whether the writ petition seeking mandate for payment of land compensation to the petitioner can be disposed of given the petitioner's uncertain status and lack of rejoinder.
Whether the dispute regarding compensation payment to a Thakurbari governed by a Religious Trust requires adjudication beyond this writ petition.
1 provisions across 1 enactments
Lakshmi Narayan Bhagwan Chela Hariprapann Ramanuj Das
The State Of Bihar through The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar
The District Collector, Buxar
The District Land Acquisition Officer, Buxar
The Circle Officer, Chausa
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
