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Patna High Court

Shailendra Kumar Singh and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.14557 of 2015(4) dt.31-01-2026
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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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