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Patna High Court - Orders

Jagdish Puri vs The State Of Bihar on 20 November, 2025

Author: Shailendra Singh

Bench: Shailendra Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18382 of 2025
                 ======================================================
                 Jagdish Puri, Son of Late Kailashpuri, resident of village- Sarisia, P.S.
                 Navtan, District- Siwan.

                                                                    ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.    The Collector, Siwan, Bihar.
           3.    The District Education Officer, Siwan, Bihar.
           4.    The Principal, Government Primary School, Sirisia, Siwan, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Sumit Kumar Jha, Adv.
                                                 Ms. Riya Giri, Adv.
                                                 Ms. Rakchika Shekhar, Adv
                 For the Respondent/s    :       Mr. Manish Kumar, GP-4
                                                 Mr. Ajay Kumar, AC to GP-4.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   20-11-2025

The instant writ application has been filed under Article 226 of the Constitution of India by the petitioner seeking the following relief(s):

" (i) To issue an appropriate writ/order/direction in the nature of Mandamus directing the respondent authorities to dispose the application under Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 filed before the District Magistrate, Siwan, Bihar on 24.04.2023, within a period of three months.
(ii) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case."

2. Mr. Sumit Kumar Jha, learned counsel appearing Patna High Court CWJC No.18382 of 2025(2) dt.20-11-2025 2/3 for the petitioner and Mr. Manish Kumar, learned counsel appearing for the State-respondents are present and they are heard.

3. The main issue raised by the petitioner in this writ petition is that the petitioner's representation/application filed by him under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, Act, 2013 (in short 'RFCTLARR Act') before the District Magistrate, Siwan on 24.04.2023 has not been decided in the light of the provisions of Section 64 of the RFCTLARR Act.

4. It is submitted by the petitioner's counsel that the petitioner had earlier preferred CWJC No. 15217 of 2014 challenging compensation amount which was fixed by the government authorities in respect of the petitioner's acquired land and in that writ petition the co-ordinate bench of this court gave the petitioner a liberty to avail alternative remedies under section 64 of the RFCTLARR Act for redressing his grievance and thereafter petitioner by availing the said liberty filed a representation/application on 24.04.2023 seeking reference of his matter to the authority under Section 64 of the 'RFCTLARR' Act. However, the same has not been complied, Patna High Court CWJC No.18382 of 2025(2) dt.20-11-2025 3/3 with, resulting in great hardship to the petitioner as matter relating to determination of compensation has remained pending since 2014. It is lastly submitted that the respondent authorities in CWJC No. 15217 of 2014 made a payment of Rs. 1742115/- but the petitioner was not satisfied with the amount paid as compensation since it was not in accordance with provisions of 'RFCTLARR' Act and thereafter the petitioner moved before the Collector by way of an application dated 24.04.2023.

5. After having heard both the sides, the District Magistrate/Collector, Siwan is directed to decide the petitioner's application dated 24.04.2023 in the light of the spirit of the order passed in CWJC No. 15217 of 2014 preferably within six weeks from the date of receipt or production of this order' copy, as per the provision of Section 64 of the 'RFCTLARR' Act.

6. Accordingly, the instant writ petition stands disposed of.

(Shailendra Singh, J) Rajiv/-

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