ORDER : (Ananda Sen, J.) 1. By filing this Letters Patent Appeal, the petitioner-appellant has assailed the order dated 28.06.2022 passed by learned Single Judge in W.P.(C) No.1227 of 2022, whereby the writ petition was dismissed as not maintainable with a liberty to take alternative / statutory recourse. 2. We have heard counsel for the parties. Admittedly, the petitioner-appellant is the owner of land appertaining to Khata No.182, Plot No.844, 846 and 894, Thana Chandil, Village Dobo, having an area of 238.50 decimals within PS Chandil, District Saraikela. Name of the petitioner was recorded in the Revenue Records vide Mutation Case No.2404 of 2011-12. The land appertaining to Plot No.846 measuring an area of 6 decimals and plot No.894 measuring 66.5 decimals were acquired by the Government vide DLA Case No.06/1028-19 for construction of Road from Kandrabera to Domuhani. So far as 6 decimals of land appertaining to Plot No.846 is concerned, petitioner-appellant has already received compensation, but, in respect of Plot No.894, no compensation was paid. Petitioner-appellant, thus, approached the Single Judge by filing a writ petition, praying for payment of compensation amount, which was dismissed on the ground of alternative remedy. 3. During course of argument before this Court, learned counsel for the State admitted that the land of the petitioner-appellant was acquired and the road has been constructed, but, the compensation amount was not deposited by the acquiring body, i.e., the Executive Engineer, Road Construction Department, Seraikella-Kharsawan. Today, learned counsel for the respondents-State submitted that he has received information that now amount of compensation has been deposited by the Road Construction Department, but, as more than 2 (two) years have lapsed, now a fresh requisition has to be made and fresh award has to be passed, which will take some time to pay the amount of compensation. He admits that road has already been constructed. 4. From the submissions made by the parties, we find that it is an admitted fact that the land of the petitioner-appellant has been acquired and used by the respondents, whereupon road has been constructed. It is also admitted that there was a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act of 2013”) issued for acquiring the said lands. It is also admitted that there was a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act of 2013”) issued for acquiring the said lands. The notification lapsed and no declaration under Section 19 of the Act of 2013 was made as the aquiring body, i.e., the Executive Engineer, Road Construction Department, Seraikella-Kharsawan had not deposited the cost of acquisition. This fact, clearly reflects the lapses on the part of the respondents for which the appellant could not have been deprived of compensation. Thus, in view of the admitted fact, it was not proper for learned Single Judge to dismiss the writ petition on the ground of alternative remedy. 5. Further, in fact, the remedy under Section 64 of the Act of 2013 is not applicable in the present case, as the land of the petitioner-appellant, has admittedly been used for construction of the road, even without properly acquiring the land. Admittedly there are no rival claimants. Thus, we are inclined to allow this appeal by setting aside the impugned order dated 28.06.2022 passed by learned Single Judge in W.P.(C) No.1227 of 2022, with a direction to the respondents to pay the amount of compensation, after calculating the same in terms of the Act of 2013. The amount of compensation will carry an interest at the rate of 6% per annum from the date of issuance of the preliminary Notification No.24 dated 29.12.2018 till the date of actual payment. The entire amount should be paid to the petitioner-appellant within a period of 8 (eight) weeks from the date of receipt of a copy of this order. 6. This Letters Patent Appeal stands allowed.