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Patna High Court

Kamlesh Prasad SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition was disposed without adjudicating the merits, directing the petitioner to approach the Collector for redressal of his grievances.

Summary

Petitioner Kamlesh Prasad Singh filed a writ petition challenging an order dated 14‑07‑2018 that rejected his claim for benefits under the Bihar Land Acquisition Rehabilitation Policy, 2007. He sought quashing of that order, direction to grant monetary and other reliefs as per the policy and a government memo, and any consequential reliefs. The court noted that the petitioner intended to approach the District Collector, Sitamarhi, for redress of certain grievances, to which the State counsel raised no objection. Without examining the merits of the petition, the court allowed the petitioner to approach the Collector and disposed of the writ petition. No substantive finding on the alleged arbitrariness of the order was made.

Issues considered

  • Whether the order dated 14‑07‑2018 rejecting the petitioner's claim under the Bihar Land Acquisition Rehabilitation Policy, 2007 is arbitrary and violative of the policy
  • Whether the petitioner is entitled to monetary and other reliefs under the 2007 Policy and Memo No. 2391 dated 31‑03‑2008

Subjects

  • Land Acquisition
  • Rehabilitation Policy
  • Writ Petition
  • Quashing Order
  • Administrative Law
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19091 of 2018
                 ======================================================
                 Kamlesh Prasad Singh Son of late Maheshwar Prasad Resident of Vill-
                 Madhoulsoni, P.S. Runni Saidpur, P.O. Manpur Ratnawali, Distt. Sitamarhi.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar.
           2.    The Director, Land Acquisition and Rehabitation , Water Resources
                 Department, Govt.of Bihar, Patna.
           3.    The District Magistrate-cum-Collector, Sitamarhi.
           4.    The Executive Engineer, Bagmati Division, Runnisaidpur, Distt. Sitamarhi.
           5.    The Rehabilitation Officer, Bagmati Officer, Bagmati Pariyojna, Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Akshansh Ankit, Advocate
                 For the Respondent/s   :     Mr. Vikash Kumar- SC-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   05-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “a) To quash order dated 14.07.2018,

                                  passed in Land Acquisition Appeal No. 21/2015

                                  whereby and whereunder claim of the Petitioner

                                  pertaining to grant of benefits under the Bihar Land

                                  Acquisition Rehabilitation Policy, 2007 was rejected

                                  in a most mechanical and arbitrary manner and in

                                  direct contravention of the policy framed by the State

                                  Government.

                                            b) To direct the concerned Respondents to
          Patna High Court CWJC No.19091 of 2018(3) dt.05-01-2026
                                                     2/2




                                    grant monetary as well as other reliefs as

                                    contemplated under the Bihar Land Acquisition

                                    Rehabilitation Policy, 2007 in terms of Policy

                                    decision taken by the State Government as contained

                                    in Memo No. 2391 dated 31.03.2008.

                                                c) To pass any other order/orders in shape

                                    of a consequential relief to which the Petitioner may

                                    be found to be legally entitled to in the facts and

                                    circumstances of the instant case at hand.”

                                3. After some arguments, learned counsel for the

                    petitioner submits that he shall be approaching the Collector,

                    Sitamarhi (respondent no. 3) for the redressal of some of the

                    grievance which has not been met.

                                4. Learned State counsel has no objection to it.

                                5. In that background, without commenting on the merit

                    of the case and allowing the petitioner to approach the Collector,

                    Sitamarhi for the redressal of the rest of the grievance, the writ

                    petition stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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