Awadh Kishore Chaurasia and Ors. Vs The State Of Bihar and Ors.

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Respondent/s : Mr. Rishi Raj Sinha -SC-19 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 13-10-2025

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At the outset, learned counsel for the petitioner

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submits that he shall be depositing Rs. 200/- with the Patna High Court Legal Services Committee and the receipt shall be filed in the office.

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Heard Mr. Vivekanand Singh, learned counsel for the petitioners and the State.

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The present writ petition has been preferred for the following relief(s):

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Patna High Court CWJC No.19183 of 2018(4) dt.13-10-2025 2/5

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“i. For issuance of an appropriate writ/s, order/s, Direction/s for quashing the order dated 07.06.2018 passed by the respondent no. 6 whereby and under he was pleased to reject the application filed by the petitioners alongwith others in LAR Case No. 97/2018 which was filed by them to pay the compensation for their land likely to be acquired in purported exercise of power under section 11 of Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for construction of the Digha Pahleja Rail cum Road Bridge approach road.

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ii. For issuance of an appropriate writ/s, order/s, Direction/s to the respondents paying compensation for petitioners to the of in like manner residential house which is being paid to other persons of the same village within the radius of 200 mtrs from the same mauza.

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iii. For issuance of an appropriate writ/s, order/s, direction/s to the respondents for quashing award bearing no. 48, which has been giving by the respondent by treating the land of the petitioners as agricultural land whereas land of other villagers of the same mauza is being considered as residential house and direct

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Patna High Court CWJC No.19183 of 2018(4) dt.13-10-2025 3/5

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the respondent to pay the same amount of fair compensation to the petitioners as has been determined by the respondents in the second notice published in daily newspapers.

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iv. To pass such other order/orders as your Lordships may deem fit and proper in the facts and circumstances of this case.”

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The short order by the District Land Acquisition Rehabilitation and Resettlement Act in Case No. 97 of 2018 (Awadh Kishore Chaurasiya vs. State of Bihar) dated 07.06.2018 read as follows:

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vusDpj&5

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Hkwfe vtZu izkf/kdkj lkj.k] Nijk dsl 97@18

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vo/k fd”kksj pkSjfl;k----------------------- cuke------------fcgkj ljdkj cxSjg

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7-6-2018%& vo/k fd”kksj pkSjfl;k ,oa vU;

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bDdhl yksxksa ds rjQ ls okn nk;j fd;k x;k gSA bl okn esa tehu dks izo`fr ,oa ewY;kadu djkus ds fy, vkosnu fn;k x;k gSA vkosndksa ds rjQ ls tehu vkfn dk dksbZ dkxt nkf[ky ugha fd;k x;k gSA Hkw&vtZu foHkkx }kjk tks eqvkotk fu/kkZfjr fd;k x;k gS mldk Hkh dksbZ dkxt nkf[ky ugha fd;k x;k gSA

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vkosndksa }kjk igys Hkw&vtZu foHkkx esa vkifRr nk;j djuk pkfg, Fkk rFkk ogka dkjZokbZ ugha gksrk rks mlds

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Patna High Court CWJC No.19183 of 2018(4) dt.13-10-2025 4/5

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foK lekgRrkZ ds ;gka vkosnu nsuk pkfg, FkkA rFkk mlds ckn ,u0 ,p0 vkbZ ds rduhdh lsy esa mfpr ewY; fu/kkZj.k ds fy, vkosnu nsuk pkfg, Fkk ysfdu vkosndksa }kjk mijksDr dksbZ dkjZokbZ ugha fd;k x;k gSA ,slh fLFkfr mUgsa funsZ”k fn;k tkrk gS fd mfpr Jheku~ ds lquokbZ ds fy, dkjZokbZ djsaA vc ;g izhehPP;ksj LVst gS vr% ge ij bl U;k;ky; }kjk vHkh dk;ZokbZ ugha fd;k tk ldrk gSA bls j[ksaA vHkh ;gkW ls dksbZ dkjZokbZ ugha fd;k tk ldrk gSA vr% vkosnu okn [kkjht fd;k tkrk gSA rFkk funsZ”k fn;k tkrk gS fd vfpr Qksje esa vkosnu djsaA

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Though the learned counsel for the petitioner tried

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to impress upon this Court that they have documents to be relied upon, this Court is of the view that when the petitioners failed to provide any document before the said authority, it was impossible for them to pass any appropriate order/direction.

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Liberty already was given by the authority to raise all the points before appropriate forum.

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At this stage, learned counsel for the petitioner submits that they shall be preferring appropriate petition with all the relevant document for the redressal of the grievance but there has been some delay.

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Patna High Court CWJC No.19183 of 2018(4) dt.13-10-2025 5/5

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The said submission is valid when the matter is pending before this Court since the year 2018.

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In that background, the writ petition is disposed of allowing the petitioners to approach in next ten weeks before the appropriate authority/forum and if such petition is/are filed, the same be taken up and decided on merit after hearing all the parties and the limitation petition be disposed of accordingly, taking into account the fact that for seven years, the writ petition was pending before Patna High Court.

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With the aforesaid observation, the writ petition is disposed of.

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(Rajiv Roy, J)

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Adnan/-

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Awadh Kishore Chaurasia and Ors. v. The State Of Bihar and Ors.

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Awadh Kishore Chaurasia and Ors. v. The State Of Bihar and Ors.

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