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2025 DAILYLAW 14548 (PAT)

Usha Kumari and Ors v. The State Of Bihar and Ors

CWJC/15300/2018 · 2025-04-15

Anshuman

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15300 of 2018 ====================================================== 1. Usha Kumari and Ors W/o Yogendra Prasad R/o Mohalla- Raza Bazar, Ward No. - 34, Motihari, East Champaran. 2. Chandra Sinha W/o Dinanath Singh R/o Vill- Raghunathpur, Gandak Colony, P.S. Turkauliya, P.O. - Motihari, Distt. East Champaran. 3. Geeta Prakash W/o Surya Prakash Singh 4. Subhesh Kumar S/o late Nagina Singh Both 3 and 4 are R/o Vill and P.O. Gaighat, P.S.- Harisidhi, Distt. East Champaran. 5. Vindhyavanshi Pathak D/o late Janak Pathak R/o Vill- Dumariya, P.O. and P.S. Dumariya Ghat, Distt.- East Champaran. 6. Rinki Kumari W/o Subodh Kumar R/o Vill and P.O. - Gaighat, P.S. Harisidhi, Distt. East Champaran. 7. Kumari Madhubala Sahu W/o Suresh Sah R/o Vill- Jahingra, P.O. Damodarpur, P.S.- Pipra, Distt. East Champaran, Motihari. ... ... Petitioner/s Versus 1. The State Of Bihar and Ors 2. Collector, Motihari. 3. District Land Acquisition Officer, Motihari. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Shekhar Dvivedi, Sr. Adv. Mr. Parth Gaurav, Adv. Mr. Ashutosh Kr. Pandey, Adv. Mr. Aditya Pratap, Adv. Mr. Manogya Singh, Adv. Mr. Rahul Kumar, Adv. For the Respondent/s : Mr. Manoj Kumar Sinha, Adv. Mr. Saurabh Kumar, AC to SC- 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 15-04-2025 Heard learned senior counsel for the petitioners and learned counsel for the State. 2. The present writ petition has been filed for directing the respondent authorities to get the valuation done of the petitioners’ land at the residential and commercial rate Patna High Court CWJC No.15300 of 2018(2) dt.15-04-2025 2/3 prevailing in the locality as per the M.V.R. with respect to L.A. Case No. 06/2013-14. 3. Learned senior counsel for the petitioners submits that the said land has been acquired for the construction of Mahatma Gandhi Central University, East Champaran, Motihari. Counsel further submits that even after receiving the application from the petitioners, their matter was not referred before the Land Acquisition, Rehabilitation and Resettlement Authority as mentioned under Section 51 of the RFCTLARR (The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013) [Act No. 30 of 2013] and the matter has been kept pending before this Hon’ble Court since long. Counsel further submits that the details of all seven petitioners with regard to their respective land have been shown in paragraph No. 4 of the writ petition in a tabular form. Counsel also submits that all the petitioners of the present writ petition are related to L.A. Case No. 06/2013-14 4. Learned counsel for the State, on the other hand, submits that the matter shall be decided by the Land Acquisition, Rehabilitation and Resettlement Authority. 5. In the present facts and circumstances, the Collector, Motihari, is hereby directed to refer the matter of the Patna High Court CWJC No.15300 of 2018(2) dt.15-04-2025 3/3 petitioners before the Land Acquisition, Rehabilitation and Resettlement Authority within 60 days from the date of receipt/communication of this order. 6. The Land Acquisition, Rehabilitation and Resettlement Authority shall decide the petitioners’ claim within six months, thereafter. 7. With this direction, the present writ petition stands disposed off. Aman Kumar/- (Dr. Anshuman, J.) U