Patna High Court
Shailendra Kumar Singh and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, directing the petitioners to approach the Collector for compensation, without granting the relief of mandamus.
Summary
A group of heirs filed a writ petition against the State of Bihar, the Collector, and land acquisition officials seeking a mandamus directing the respondents to determine and pay compensation for land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and also sought certiorari. An interlocutory application was filed to substitute the original petitioner with the listed heirs, which was allowed as there was no opposition. The court noted a prior order dated 25 January 2008 that had calculated compensation at Rs. 6,76,562 but found no record of actual payment. The court observed that the petitioners should approach the Collector with proper representation to obtain the compensation and did not issue a mandamus. Consequently, the writ petition was disposed of with the observation that the matter be taken up before the Collector, and any interlocutory applications were also disposed of.
Issues considered
- Whether the respondents are obligated to determine and pay compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Whether the earlier proceeding (Case No.84 of 1966-67) stands lapsed.
- Procedural propriety of substituting the original petitioner with the heirs.
Legislation cited
Subjects
- land acquisition
- compensation
- mandamus
- certiorari
- Right to Fair Compensation Act
- writ petition
- substitution of parties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14557 of 2015
======================================================
1.i Anand Kumar Singh son of late of Shailender Kumar Singh
1.ii Amit Kumar son of late of Shailender Kumar Singh
1.iii Smt. Savitri Singh daughter of late of Shailender Kumar Singh
2. Brajendra Kumar Singh, son of late Manokamana Singh
3. Pratima Singh W/o late Devendra Kumar Singh
4. Satyendra Kumar Singh son of late Vijay Kumar singh @ Bacha Singh
5. Brajesh Kumar Singh son of late Kamla Singh
6. Samir Nandan son of late Ramesh Kumar Singh
7. Anjani Nandan son of late Ramesh Kumar Singh
8. Shailesh Kumar Singh son of late Kamla Singh
9. Shivendra Kumar Singh son of late Jitendra Kumar Singh
10. Dhirendra Kumar Singh son of late Jitendra Kumar Singh
11. Devesh Kumar Singh son of late Narendra Kumar Singh
12. Sidhesh Kumar Singh son of late Narendra Kumar Singh
13. Sidhant Singh son of late Narendra Kumar Singh
14. Brajesh Kumar Singh son of Late Mithilesh Prasad Singh
15. Rakesh Kumar Singh son of Late Mithilesh Prasad Singh
16. Umesh Kumar Singh son of Late Mithilesh Prasad Singh
17. Uday Pratap Singh son of late Bindeshwari Singh
18. Prem Pratap Singh son of late Bindeshwari Singh
19. Bhanu Pratap Singh son of late Bindeshwari Singh
20. Ravi Pratap Singh son of late Bindeshwari Singh
21. Shashi Pratap Singh son of late Bindeshwari Singh
22. Sudhir Kumar Singh son of late Bijendra Singh
23. Shashi Bhushan Kumar Singh son of late Bijendra Singh
24. Satish Kumar Singh son of late Bijendra Singh
25. Sunil Kumar Singh son of late Sadhu Sharan Singh
26. Anil Kumar Singh son of late Sadhu Sharan Singh
27. Guriya Devi wife of late Ratnesh Kumar Singh All are resident of village
and Post Office and Police Station- Marhowrah, District- Chapra Saran,
PIN- 841418, Bihar
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Collector under Act I of 1894, Saran.
Patna High Court CWJC No.14557 of 2015(4) dt.31-01-2026
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3. The Special Land Acquisition Officer, Saran.
4. The Additional Land Acquisition Officer, Saran.
5. The Industrial Training Institute, Marhowrah, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Kumar Sinha, Advocate
For the Respondent/s : Mr. Vishwambhar Prasad, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 31-01-2026 I.A. No. 02 of 2022
The aforesaid Interlocutory Application has been
preferred for substituting Shailendra Kumar Singh, the
petitioner no. 1 with that of heirs as recorded in paragraph-3 of
the petition as follows:
“i. Anand Kumar Singh son of late of Sri
Shailender Kumar Singh;
ii. Amit Kumar son of late of Sri Shailender
Kumar Singh;
iii. Smt. Savitri Singh daughter of late of Sri
Shailender Kumar Singh.”
2. Since there is no opposition, the I.A. No. 02 of
2022 stands allowed.
3. Let the petitioner no. 1, Shailendra Kumar Singh be
substituted by the heirs as recorded above.
4. Office to do the needful.
CWJC No. 14557 of 2015
Patna High Court CWJC No.14557 of 2015(4) dt.31-01-2026
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5. Heard the parties.
6. The present petition has been preferred for the
following relief(s):
“i. a writ in the nature of mandamus
commanding the respondents to determine and pay
compensation in respect of the land in question to
the petitioners in terms of the relevant provisions of
the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Act-30 of 2013) treating
the earlier proceeding being Case No.84 of 1966-
67 as stood lapsed, forthwith;;
ii. A writ in the nature of Certiorari
calling upon the respondents to produce and/or
caused to be produced relating to the case before
this Hon'ble Court to do conscionable justice to
your petitioners, upon perusing the same;
iii. An Order directing the respondents to
determine and pay compensation in respect of the
land in question to the petitioners in terms of the
relevant provisions of The Right to Fair
Compensation and Transparency in Land
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Acquisition, Rehabilitation and Resettlement Act,
2013 (Act-30 of 2013) treating the earlier
proceeding being Case No.84 of 1966-67 as stood
lapsed, pending disposal of the instant application;
Ad-interim order directing the respondents in terms
of prayer above;
iv. Costs and incidentals to this
application may be paid by the respondents;
v. Such other and/or further order/orders
be passed as to this Hon’ble Court may seem fit
and proper.”
7. The counter-affidavit filed by the District Land
Acquisition Officer, Saran, Chapra shows that pursuant to the
order passed by the Patna High Court on 25 th of January, 2008
(in First Appeal 255 of 1980), the concerned respondent took
steps and the amount was calculated as 6,76,562/- (annexure-B
to the counter-affidavit).
8. There is nothing on record to show whether the said
payment was made or not.
9. In that background, the writ petition stands
disposed of allowed the petitioners to approach the Collector,
Saran at Chapra alongwith proper representation and if it is
Patna High Court CWJC No.14557 of 2015(4) dt.31-01-2026
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done, it is expected that the concerned respondent shall be
taking the matter to its logical conclusion on the point of
payment of compensation to the petitioners.
10. The writ petition stands disposed of with aforesaid
observation.
11. Interlocutory Application, if any, also stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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