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Patna High Court

Hazrat AliversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The petition is disposed with a direction to the Divisional Commissioner, Purnia, to pass a reasoned order within three months.

Summary

Hazrat Ali filed a writ petition seeking that the authorities dispose of his representation dated 14‑12‑2020 and enhance the award amounts (Award Nos. 56 and 62) under L.A. Case No. 31/2016‑17, with statutory interest, and that the computation follow the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner had originally approached the District Magistrate, Katihar, but the court held that the proper forum for redress was the Divisional Commissioner, Purnia. The court noted that the District Magistrate had already referred the matter to the Commissioner. Consequently, the court directed the Divisional Commissioner to pass a reasoned order within three months after hearing both parties. The writ application was disposed with this procedural direction.

Issues considered

  • Whether the writ petition is maintainable when the petitioner approached the wrong authority (District Magistrate) for redress of his grievance.
  • Whether the High Court can direct the Divisional Commissioner to pass a reasoned order within a specified time.

Legislation cited

Subjects

  • writ jurisdiction
  • land acquisition
  • award modification
  • statutory interest
  • procedural jurisdiction
  • Divisional Commissioner
  • Right to Fair Compensation Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.8718 of 2021
                 ======================================================
                 Hazrat Ali

                                                                           ... ... Petitioner/s
                                                   Versus
                 The Union of India

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Onkar Nath, Advocate
                 For the Respondent/s   :      Mr. Dr. K. N. Singh (ASG)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   12-05-2026                   Heard the learned counsel for the parties.

                               2. The present application has been preferred for grant

                   of following relief(s) :-

                                            (i) Commanding the respondent authorities

                                            particularly the Respondent Nos. 4 and 5

                                            not only to dispose off the representation

                                            dated 14.12.2020 (Annexure -6 Series)

                                            within stipulated time and period but also

                                            to enhance / modified the award amount

                                            with regard to L.A. Case No. 31/2016-17

                                            consisting Award No. 56 and 62 and pay

                                            the same amount alongwith statutory

                                            interest.

                                            (ii) Further, commanding the respondent

                                            authorities to follow with the provisions of
Patna High Court CWJC No.8718 of 2021(5) dt.12-05-2026
                                            2/3




                                      Right       to     Fair    Compensation    and

                                      Transparency          in    Land    Acquisition

                                      Rehabilitation and Resettlement Act, 2013

                                      for     the      purpose   of   computation   /

                                      consideration of the award to the tune of

                                      parameters as laid down therein.

                                      (iii) Grant of any consequential or

                                      incidental relief/ reliefs, for which the

                                      petitioner can be found entitled for.

                     3. Learned counsel for the petitioner submits that prior

          to filing the present writ application, the petitioner had made a

          representation on 14.12.2020 with regard to Award Nos. 56 and

          62 praying therein to enhance or modify the award and pay the

          same along with statutory interest.

                     4. Learned AC to GP 15 submits that the petitioner had

          wrongly moved before the District Magistrate, Katihar and in

          fact he ought to have moved before the Divisional

          Commissioner, Purnia for redressal of his grievances. Learned

          counsel has further pointed out that the District Magistrate,

          Katihar had in fact referred the matter to the Commissioner for

          necessary action.

                               5. In view of the aforesaid, the Divisional

          Commissioner, Purnia is directed to pass a reasoned order
           Patna High Court CWJC No.8718 of 2021(5) dt.12-05-2026
                                                       3/3




                     within three months from the receipt/ production of this order,

                     after hearing the parties including the petitioner.

                                           6. Accordingly, the application is disposed of

                     with the aforesaid.



                                             (Sourendra Pandey, J)
krishna/deepak/-

U


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