Patna High Court
Kamlesh Prasad SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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