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Patna High Court

Ramsharay SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as the petitioner was not the rightful claimant and no compensation liability was established.

Summary

Ramsharay Singh filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay compensation for land acquired for the NH‑30 Patna‑Bakhatiyarpur road. The State counsel submitted a counter‑affidavit asserting that the Khatiyani Raiyat rights belong to Sheikh Najim and Ajim, not the petitioner, and that compensation had already been paid for the 12.5 decimal portion of Plot No. 736 claimed by the petitioner. The counter‑affidavit was served on the petitioner's counsel on 29‑01‑2015, but the petitioner offered no rebuttal. Relying on the State's submission, the Court found no basis to grant the relief sought. Consequently, the writ petition was disposed of without any order for compensation.

Issues considered

  • Whether the petitioner is the rightful claimant of the land acquired for the NH‑30 project
  • Whether the petitioner is entitled to a mandamus directing payment of compensation
  • Whether the State's counter‑affidavit defeats the petitioner's claim

Subjects

  • land acquisition
  • compensation
  • mandamus
  • writ petition
  • property rights
  • Khatiyani Raiyat

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13003 of 2014
                 ======================================================
                 Ramsharay Singh S/o Late Dasharth Singh Resident of Village- Mansurpur
                 Lodipur, P.O. and P.S.- Khusrupur, District- Patna.

                                                                             ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    The District Magistrate, Patna.
           3.    The District Land Acquisition Officer, Patna.
           4.    The Circle Officer, Khusurupur, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar Sinha, Advocate
                 For the State            :      Mr. Anil Kumar, GP-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   19-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                   “for issuance of proper writ/writ,

                                        order/orders, direction/directions in the nature of

                                        MANDAMUS directing the respondents to make

                                        payment of compensation amount of his acquire

                                        land bearing Khata No.-128, Khesra No.-736

                                        having an area of 0.3900816 acre after the

                                        proceeding in L.A. Case No. 11/12-13 for

                                        construction of NH-30 Patna Bakhatiyarpur four

                                        lane road.”
            Patna High Court CWJC No.13003 of 2014(3) dt.19-01-2026
                                                       2/2




                                  3. Learned State counsel has taken this Court to the

                      counter affidavit filed on behalf of the respondent no. 2 and 3

                      with specific reference to paragraph no.7, according to which

                      the Khatiyani Raiyat are the Sheikh Najim and Ajim and not the

                      petitioner. Petitioner’s claim is based only about 12.5 decimal of

                      land on Plot No. 736 for which payment has been made.

                                  4. This counter affidavit was served upon the learned

                      counsel for the petitioner on 29.01.2015 but there is no rebuttal.

                                  5. This Court is in the conformity with the submission

                      of the learned State counsel, the writ petition is disposed of.



                                                    (Rajiv Roy, J)
vinayak/-

U


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