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2025 DAILYLAW 28281 (PAT)

Bhupendra Roy @ Bhupendra Prasad Roy @ Bhupen Roy v. The State of Bihar

CWJC/5700/2025 · 2025-04-21

Rajiv Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5700 of 2025 ====================================================== Bhupendra Roy @ Bhupendra Prasad Roy @ Bhupen Roy Son of Suchit Roy, Resident of Village and P.O.- Sunho, P.S.- Amnour, District- Saran. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Land and Revenue Reforms Department, Bihar, Patna. 2. The Divisional Commissioner, Saran Division, Saran at Chapra. 3. The Collector-cum-District Magistrate, Saran at Chapra. 4. The Additional Collector, Saran at Chapra. 5. The District Land Acquisition Officer, Saran at Chapra. 6. Deputy Collector Land Refoms, Madhaura, District- Saran. 7. The Circle Officer, Amnour, District- Saran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Nalin Kumar, Advocate For the Respondent/s : Mr.Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 21-04-2025 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) to issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus commanding and directing upon the bompetent authority the District Land Acquisition Officer, Saran at Chapra (Hereinafter referred to Respondent No.5) to make the payment of compensation Patna High Court CWJC No.5700 of 2025(2) dt.21-04-2025 2/3 to the petitioner for acquisition of his land measuring 15 thurs out of 1 katha 12 dhurs appertaining to Khata No.536, Survey No.1218 situated in Mauza- Sunho, P.S. Amnour District-Saran for construction of Toll Plaza at Chapra Rewa, Muzaffarpur section NH-102; (ii) to direct the respondent No.5 to make the payment of compensation to the petitioner with respect to the above- mentioned land in terms of section 26 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013; (iii) to direct the respondent No.5 to make the payment of penal interest to the petitioner on the compensation paid to him due to delay and latches on the part of respondents; (iv) to any other relief's to which the petitioner may be found entitled in the facts and circumstances of the case. Patna High Court CWJC No.5700 of 2025(2) dt.21-04-2025 3/3 3. Learned counsel for the petitioner submits that at the outset, he submits apology, if the respondent no.5, the District Land Acquisition Officer, Saran at Chapra has not taken a decision in the matter. 4. Learned State Counsel further submits that if the decision has not been taken by the respondent no.5, the same shall be taken in next four months. 5. Accepting the version of both the parties, the writ petition stands disposed of with a direction to the petitioner represent before the respondent no.5, the District Land Acquisition Officer, Saran at Chapra alongwith the present order, who shall decide the matter, if still not decided within a period of four months from the date, the petitioner submits the order of the High Court. Ravi/- (Rajiv Roy, J) U