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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Ranjeet Singh S/o Kameshwar Singh – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner claims right over land. (Para 1 , 3 , 4) |
| 2. relief sought and state counsel's response. (Para 2 , 5) |
| 3. high court's role in exercising writ jurisdiction. (Para 7 , 8 , 9 , 10) |
| 4. right to not be deprived of property. (Para 11) |
| 5. obligation to pay compensation inferred. (Para 12 , 13) |
| 6. directives for compliance and compensation payment. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-
(ii) For issuance of any appropriate writ/writs, rule/rules or direction in the nature of Mandamus, restrain the concerned respondents to take any sort of activity pretaining to the land in question till the final adjudication of the present writ application, Petitiones further prays for direction to the respondent authorities to act and consider upon the representation submitted by the Petitioner pursuant to his legitimate Claim along with all relevant documents submitted by him, within the reasonable time at this Hon'ble court found fit and proper.
(iv) For issuance of any appropriate writ/writs, rule direction as your lordships ma
A writ jurisdiction may be exercised if a fundamental right is violated or if there is an allegation of excess jurisdiction, despite the availability of an alternative remedy.
Writ under Article 226 maintainable to direct compensation for acquired land despite alternate remedies due to administrative inaction, enforcing Article 300A right to property with inferred compensa....
Writ jurisdiction can be exercised despite alternative remedies when fundamental rights are at stake.
The State must follow legal procedures to dispossess an individual from property and is obligated to compensate unless justified otherwise.
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