Kameshwar Yadav Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1131 of 2023

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======================================================

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Kameshwar Yadav S/o Khedan Lal Yadav R/o Ward No.- 10, Latauna (North), Near R.K.B. High School, P.S.- Triveniganj, District- Supaul.

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Ramesh Kumar, S/o Khedan Lal Yadav R/o Ward No.- 10, Latauna (North), Near R.K.B. High School, P.S.- Triveniganj, District- Supaul.

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Dinesh Kumar, S/o Khedan Lal Yadav R/o Ward No.- 10, Latauna (North), Near R.K.B. High School, P.S.- Triveniganj, District- Supaul.

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Umesh Kumar, S/o Khedan Lal Yadav R/o Ward No.- 10, Latauna (North), Near R.K.B. High School, P.S.- Triveniganj, District- Supaul.

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Suresh Kumar, S/o Khedan Lal Yadav R/o Ward No.- 10, Latauna (North), Near R.K.B. High School, P.S.- Triveniganj, District- Supaul.

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Arjun Kumar Yadav, S/o Brij Bihari Yadav R/o Ward No.- 8, Latauna (North), P.S.- Triveniganj, District- Supaul.

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Lalan Kumar Yadav, S/o Maha Kumar Yadav R/o Ward No.- 6, Gadi tola, Latauna North, P.S.- Triveniganj, District- Supaul.

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Sheelam Devi, W/o Balkishori Yadav R/o Village- Thalagarhiya, P.S.Triveniganj, District- Supaul.

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Manju Sharma, W/o Raj Kumar Sharma Resident of Ward No.- 13 Near Durga Mandir, Patharghatti, Talhagariha, P.S.- Triveniganj, District- Supaul.

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Momi Devi, W/o Surya Narayan Yadav Resident of Village- Lalpatti, P.S.Triveniganj, District- Supaul.

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... ... Petitioner/s Versus

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The State of Bihar through its Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

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The District Magistrate, Supaul.

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The District Land Acquisition Officer, Supaul.

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The Circle Officer, Triveniganj, District- Supaul.

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The Union of India through DRM Katihar. (N.F. Rly).

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha For the Respondent/s : Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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7 15-01-2024 This writ application has been filed for issuance of

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direction to the respondents to determine the market value of the

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Patna High Court CWJC No.1131 of 2023(7) dt.15-01-2024 2/4

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land of the petitioners, acquired by the State, for the purpose of Supaul-Araria New Rail Line Project, as provided under section 26 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 and pay the amount of compensation to the petitioners in view of the nature of the land which is commercial and residential with suitable interest.

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At the outset, learned counsel for the State appears and raises preliminary objection to the effect that petitioners have got alternative remedy by way of filing an application before the Collector in terms of Section 64 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which is as follows:-

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64. Reference to Authority.–(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:

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Patna High Court CWJC No.1131 of 2023(7) dt.15-01-2024 3/4

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Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority:

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Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days.

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Learned counsel for the petitioners does not dispute the contention made on behalf of the State.

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In the facts and circumstances of the case, this writ petition is disposed of with a direction to petitioners to file representation before the Collector, Supaul (Respondent No. 2), along with all the relevant documents in support of the claim, within a period of six weeks from the date of receipt/production of copy of this order.

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If such representation is filed before respondent no. 2 (the Collector, Supaul), the same shall be disposed of in accordance with law after hearing the parties, preferably within a further period of six months from the date of receipt of the representation.

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It goes without saying that if any question of

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Patna High Court CWJC No.1131 of 2023(7) dt.15-01-2024 4/4

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limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that petitioners were pursuing the issue before this Court.

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With aforesaid direction, the writ petition is

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disposed of.

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(Prabhat Kumar Singh, J)

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anay/-

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U

Kameshwar Yadav v. The State of Bihar

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Kameshwar Yadav v. The State of Bihar

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