INDRAJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the Patna High Court and learned counsel for the State.

(2.) The present writ petition has been filed for quashing the order dtd. 1/11/2017 passed by Sub Judge-1, Begusarai in Land Acquisition Case No.06 of 2010 by which it has been held that Court of Sub Judge-1, Begusarai has no jurisdiction to try Land Acquisition Case No.06 of 2010.

(3.) Learned counsel for the petitioners submits that land acquisition proceeding of the petitioners' land has been initiated in the year 2006-07 and award (Panchat) has been prepared on 26/11/2009. He further submits that the petitioners received the payment as per award with protest on 26/11/2009. He also submits that on the point of the amount of compensation, petitioners have preferred reference under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894') which was numbered as Acquisition Case No.06 of 2010. Counsel for the petitioners submits that vide Annexure-5, a letter dtd. 25/3/2017 has been issued under the signature of Registrar General, Patna High Court, Patna in which direction has been issued to transmit the entire records relating to the payment of compensation of land acquisition and rehabilitation to the Court(s) presiding Land Acquisition Rehabilitation and Resettlement matters (in short named as 'LARRA'). He further submits that in compliance with the said letter dtd. 25/3/2017, the case of the petitioner was transferred before the LARRA and registered there as LARRA Case No.37 of 2016. He submits that LARRA vide order dtd. 13/1/2017 has remanded the matter back to the Sub Judge-1, Begusarai indicating in its order that since the matter relates to the acquisition of land according to Act of 1894, therefore, the Civil Court, Begusarai is the only competent to hear the matter and the LARRA has no jurisdiction to try this case. Thereafter, petitioners have filed an application before Sub Judge-1, Begusarai to hear this matter on which the court of Sub Judge-1, Begusarai had passed order on 1/11/2017 and held that Court of Sub Judge-1, Begusarai has no jurisdiction to try this case. As such, the petitioners have no other remedy except to move before this Court challenging the order dtd. 1/11/2017 passed by Sub Judge-1, Begusarai in Land Acquisition Case No.06 of 2010.