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Patna High Court

Sharda Singh and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court declined to interfere with the acquisition and dismissed the writ petition, noting the lack of substantiating documents.

Summary

A group of petitioners filed a writ petition seeking compensation for land acquired in 1978 for an embankment and road, and requested a stay on further construction until payment at current rates. The State of Bihar and related officials filed a counter‑affidavit stating that most landowners had already received compensation and there was no record concerning the petitioners. The petitioners indicated they would submit supporting documents if required. The court observed that the acquisition occurred decades earlier, the counter‑affidavit was served only in 2018, and no rebuttal was filed. Consequently, the court granted the petitioners liberty to approach the court with valid documents but disposed of the writ petition without granting any relief. The matter was therefore dismissed pending any further substantive evidence.

Issues considered

  • Whether the petitioners are entitled to compensation for land acquired in 1978 for public works.
  • Whether a stay on further construction of the embankment and road can be granted pending payment of compensation.

Subjects

  • land acquisition
  • compensation
  • writ petition
  • stay of construction
  • civil writ jurisdiction
  • Bihar

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10857 of 2016
     ======================================================
1.    Sharda Singh Son of Late Chumman Singh Resident of Village- Ranglalhi,
      Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt Champaran.
2.   Kishuna Singh Son of Late Chumman Singh Resident of Village- Ranglalhi,
     Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt Champaran.
3.   Ramchandra Singh Son of Late Chumman Singh Resident of Village-
     Ranglalhi, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
     Champaran.
4.   Ramakant Singh Son of Late Ram Praman Singh Resident of Village-
     Ranglalhi, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
     Champaran.
5.   Sita Devi Wife of Surendra Singh Resident of Village- Ranglalhi, Post
     Office- Ranglalhi, Police Station- Dhanha, District- Wesrt Champaran.
6.   Surendra Singh Son of Bhagwan Singh Resident of Village- Tola Gadiyani,
     Police Station- Dhanha, District- West Champaran.
7.   Dharamdeo Singh Son of Suryawali Singh Resident of Village- Tola
     Gadiyani, Police Station- Dhanha, District- West Champaran.
8.   Subhash Singh Son of Dharamdev Singh Resident of Village- Tola Gadiyani,
     Police Station- Dhanha, District- West Champaran.
9.   Bhagwan Singh Son of Lakshan Singh Resident of Village- Tola Gadiyani,
     Police Station- Dhanha, District- West Champaran.
10. Jhapsi Prasad Son of Late Harikishun Kurmi Resident of Village-
    Banwariya, Police Station- Dhanha, District- West Champaran.
11. Ramdhari Chaudhary, Son of Late Jamuna Chaudhary, Resident of Village-
    Banwariya, Police Station- Dhanha, District- West Champaran.
12. Sattan Patel, Son of Late Motar Patel Resident of Village- Banwariya, P.O.-
    Ranglalhi, Police Station- Dhanha, District- West Champaran.
13. Jatan Patel, Son of Late Motar Patel Resident of Village- Banwariya, P.O.-
    Ranglalhi, Police Station- Dhanha, District- West Champaran.
14. Rajwanshi Patel, Son of Late Harikishun Patel Resident of Village-
    Banwariya, P.O.- Ranglalhi, Police Station- Dhanha, District- West
    Champaran.
15. Gauri Baitha, Son of Late Chandi Baitha Resident of Village- Banwariya,
    P.O.- Ranglalhi, Police Station- Dhanha, District- West Champaran.
16. Rajdhari Baitha, Son of Late Chandi Baitha, Resident of Village- Banwariya,
    P.O.- Ranglalhi, Police Station- Dhanha, District- West Champaran.
17. Mukhtar Singh Son of Late Kedar Singh Resident of Village- Gadiyani,
    P.O.- Ranglalhi, Police Station- Dhanha, District- West Champaran.
18. Banke Singh, Son of Late Kedar Singh, Resident of Village- Gadiyani, P.O.-
    Ranglalhi, Police Station- Dhanha, District- West Champaran.
19. Kamal Kurmi, Son of Late Lalji Kurmi Resident of Village- Banwariya,
    P.O.- Ranglalhi, Police Station- Dhanha, District- West Champaran.
Patna High Court CWJC No.10857 of 2016(4) dt.13-01-2026
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  20. Lalan Yadav Son of Late Chhathu Yadav, Resident of Village- Banwariya,
      P.O.- Ranglalhi, Police Station- Dhanha, District- West Champaran.
  21. Gopi Kurmi, Son of Late Lalji Kurmi, Resident of Village- Banwariya, P.O.-
      Ranglalhi, Police Station- Dhanha, District- West Champaran.
  22. Kedar Yadav Son of Late Haridwar Raut, Resident of Village- Banwariya
      Tola Gadiyani, P.O.- Ranglalhi, Police Station- Dhanha, District- West
      Champaran.
  23. Mukhtar Dewan, Son of Late Rahmatullah Dewan Resident of Village-
      Ranglalhi, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
      Champaran.
  24. Mohan Kumar Son of Fulena Mahto, Resident of Village- Ranglalhi, Post
      Office- Ranglalhi, Police Station- Dhanha, District- Wesrt Champaran.
  25. Raghunath Yadav Son of Late Mahadeo Yadav Resident of Village-
      Ranglalhi, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
      Champaran.
  26. Kishore Kushwaha, Son of Late Ramjit Kushwaha, Resident of Village-
      Banwariya, P.O.- Ranglalhi, Police Station- Dhanha, District- West
      Champaran.
  27. Ramdhar Kushwaha, Son of Ramjit Kushwaha, Resident of Village-
      Banwariya, P.O.- Ranglalhi, Police Station- Dhanha, District- West
      Champaran.
  28. Safruddin Dewan, Son of Late Rajjak Dewan, Resident of Village-
      Ranglalhi, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
      Champaran.
  29. Most. Champa Devi Wife of Late Kapildeo Kurmi, Resident of Village-
      Banwariya, P.O.- Ranglalhi, Police Station- Dhanha, District- West
      Champaran.
  30. Heera Yadav Son of Late Jhulan Yadav Resident of Village- Gadiyani, P.O.-
      Ranglalhi, Police Station- Dhanha, District- West Champaran.
  31. Rajrup Harijan Son of Late Sobram Ram, Resident of Village- Ranglalhi
      Banwariya, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
      Champaran.
  32. Mahendra Ram, Son of Late Purnwasi Ram, Resident of Village- Ranglalhi
      Banwariya, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
      Champaran.
  33. Sri Kishun Ram, Son of Late Sobran Ram, Resident of Village- Ranglalhi
      Banwariya, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
      Champaran.
  34. Ramayan Ram, Son of Late Lakhraj Chamar, Resident of Village- Ranglalhi
      Banwariya, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
      Champaran.
  35. Suryanarayan Ram, Son of Late Lakhraj Chamar, Resident of Village-
      Ranglalhi Banwariya, Post Office- Ranglalhi, Police Station- Dhanha,
      District- Wesrt Champaran.
  36. Patwari Ram, Son of Late Lakhraj Chamar, Resident of Village- Ranglalhi
         Patna High Court CWJC No.10857 of 2016(4) dt.13-01-2026
                                                    3/4




                 Banwariya, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
                 Champaran.
           37. Nagina Ram Son of Late Lakhraj Chamar, Resident of Village- Ranglalhi
               Banwariya, Post Office- Ranglalhi, Police Station- Dhanha, District- Wesrt
               Champaran.

                                                                               ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar.
           2.    The District Magistrate, Bettiah, West Champaran.
           3.    The Land Acquisition Officer, Bettiah, West Champaran.
           4.    The Executive Engineer, Flood Control Division-1, Madhubani Shivir
                 Parauna, District-Kushi Nagar, Uttar Pradesh.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Suresh Prasad Sharma, Advocate
                 For the Respondent/s    :        Mrs. Archana Meenakshee, GP-6
                                                  Mr. Rana Veer Prawar, AC to GP-6
                                                  Mr. Rohit Singh, AC to GP-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   13-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “for issuance of appropriate writ/writs,

                                   order/orders,      direction/directions     to      pay   the

                                   compensation amount to the petitioner for the land

                                   belonging to them which has been acquired for the

                                   purpose of the construction of an embankment and

                                   road over it. It is further prayed that any further

                                   construction of the Road on embankment be ordered

                                   to be stayed till the entire payment of compensation
          Patna High Court CWJC No.10857 of 2016(4) dt.13-01-2026
                                                     4/4




                                    is made to the petitioners at the current rate and

                                    under current provision of the law.”

                                3. An un-rebutted counter-affidavit has come on behalf

                    of the State-respondent, according to which, most of the land

                    owner who submitted their documents have taken their

                    compensation and there is nothing on record, so far as petitioner is

                    concerned.

                                4. At this stage, learned counsel for the petitioners

                    submit that with appropriate documents, they shall be approaching

                    the respondents.

                                5. This Court does not want to make any comment in

                    the matter as the acquisition took place in the year 1978, the copy

                    of the counter-affidavit was served upon the petitioners in the year

                    2018 and there is no rebuttal.

                                6. Granting liberty to agitate the matter if they have

                    valid documents relating to the land in question, the writ petition

                    stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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