IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Lali Lal Sharan @ Mithlesh Sharan Son of Ram Lakhan Das – Appellant
Versus
State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna – Respondent
JUDGMENT :
Heard learned counsel appearing on behalf of the petitioner and learned counsel for the State.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
“That the present writ application is being filed for appropriate writ/writs, order/orders, direction/directions to the respondent Authorities particularly the respondent no.3 District Land Acquisition Officer, Patna to pay adequate payment to the petitioner in view of the fact that land bearing plot no.29 appertaining to khata No.68 has been acquired for N.T.P.C. Project at Barh with the interest as same has been acquired much earlier but no compensation amount has been paid to the petitioner and/or for any other relief or reliefs to which the petitioner may be found entitled to in course of hearing of this writ application.”
3. Brief facts of the case are that the petitioner is the Sevait/Mahanth of Lalji Bhagwan Thakurwari at Pandarak, District Patna, and claims raiyati rights over land appertaining to S.P. No. 29, Khata No. 68, measuring 0.80 acre, situated at Mauza Mamrakhabad, Thana No. 11, P.S. Pandarak, District Patna, recorded in the name of the Thakurwari. The said land
Vidaya Devi Vs. The State of Himachal Pradesh & Ors.
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....
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.
State authorities must follow legal procedures for property acquisition, ensuring citizens' rights to legal remedies and compensation for unlawful dispossession, as stipulated under Article 300-A of ....
Writ jurisdiction can be exercised despite alternative remedies when fundamental rights are at stake.
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