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Patna High Court

Ramashish SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to approach the appropriate authority and disposed of the writ petition without adjudicating the merits.

Summary

Ramashish Singh, the petitioner, filed a writ petition seeking a direction for the State of Bihar and other respondents to pay compensation for his homestead land as determined in a letter dated 9 January 2016, amounting to Rs.2,32,58,760, invoking Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He also requested liberty to represent his case before the appropriate authority. The learned counsel for the petitioner, Mr. Anirudh Kumar Verma, presented these prayers. The court, without expressing any view on the merits of the compensation claim, granted the petitioner liberty to approach the appropriate authority and disposed of the writ petition. Consequently, the petition was closed without a substantive order on the compensation claim.

Issues considered

  • What is the entitlement of the petitioner to compensation for homestead land under Section 26 of the RFCTLARR Act?
  • Whether the court can direct the respondents to pay the specified compensation amount?
  • Whether the petitioner should be granted liberty to represent his case before the appropriate authority.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • homestead land
  • Section 26
  • RFCTLARR Act
  • writ petition
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.655 of 2017
                 ======================================================
                 Ramashish Singh sons of Late Ram Parikha Singh, resident of Village-
                 Eghara, P.S.- N.T.P.C., Khaira and District- Aurangabad.

                                                                             ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    The District Magistrate, Aurangabad.
           3.    The District Land Acquisition Officer, Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Anirudh Kumar Verma
                 For the Respondent/s   :         Mr.Raj Kishore Roy-Gp18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   05-01-2026                   Heard Mr. Anirudh Kumar Verma, learned counsel

                   for the petitioner and the State.

                               2.The present petition has been preferred for the

                   following relief/s:

                                            (i)     for   direction   to    the   concerned

                                            Respondent to pay the compensation for the

                                            Homestead land in the light of letter no. 37

                                            dated 9.1.2016 Issued by the Respondent

                                            concerned      determining      the    rate      of

                                            Rs.2,32,58,760 (Two erore thirty two the fifty

                                            eight thousand seven hundred sixty rupees

                                            only) for the homestead land as per section

                                            26 of the RFCTLARR ACL 2013 together
         Patna High Court CWJC No.655 of 2017(4) dt.05-01-2026
                                                     2/2




                                           with other benefits provided under the Act.

                                 3. Learned counsel for the petitioner submits that he

                   may be allowed to represents his case before appropriate

                   authority in the light of Annexure-5.

                                 4. Granting said liberty and without commenting on

                   the merit of the case, the writ petition is disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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