Patna High Court
Hazrat AliversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
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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