Patna High Court
Sheela Devi @ Shila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed without granting the writ of mandamus for payment of the outstanding compensation.
Summary
The petitioner, Sheela Devi, filed a writ petition seeking a mandamus directing the State of Bihar and related authorities to pay the outstanding compensation for 44.5 decimal acres of land acquired for a power generating company. The land acquisition began in 2009-10 under L.A. Case No. 03 of 2009-10, and the petitioner had received compensation for only 64 decimal acres of her total 1 acre 8.5 decimal land. She claimed a legal right to the remaining compensation with interest. The petition also indicated that she would approach the appropriate authority within four weeks if relief was not granted. The court disposed of the petition without granting the writ, noting the petitioner’s intention to seek further redress.
Issues considered
- Whether the petitioner is entitled to the remaining compensation for the acquired land under the land acquisition law
- Whether a writ of mandamus can be issued to compel the State authorities to pay the outstanding compensation
Subjects
- land acquisition
- compensation
- writ of mandamus
- civil writ jurisdiction
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16212 of 2023
======================================================
Sheela Devi @ Shila Devi Wife of Late Krishna Chaudhari Resident of
Village- Ankorha, Police Station- N.T.P.C. Khaira, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar,
Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The District Magistrate, Aurangabad.
4. The District Land Acquisition Officer, Aurangabad.
5. The Deputy Collector, Land Reforms, Aurangabad.
6. The Circle Officer, Block- Nabinagar, District- Aurangabad.
7. The chief Executive Officer, NPGCL Nabinagar, Police Station NTPC
Khaira, District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate
: Mr. Sanjay Kumar Singh, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
For the Resp. No.7 : Mrs. Binita Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-04-2026 Heard Mr. Binod Kumar Singh, learned counsel for
the petitioner and Mrs. Nutan Sahay, learned AC to AAG-12.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of writ in the nature of writ of
Mandamus directing the respondent authorities
to make payment of the remaining amount of
compensation along with suitable interest
Patna High Court CWJC No.16212 of 2023(2) dt.27-04-2026
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against 44.5 decimal balance acquired land of
Khata No. 15, which is the part of total acquired
land (i.e. 01 Acre 8.5 decimal) of the petitioner.
The land acquisition proceedings was initiated
in the year 2009-2010 vide L.A. Case No. 03 of
2009-10, in village Ankorha, Nabinagar,
Aurangabad, for installation of N.P.G.C.L.
(Nabinagar Power Generating Company
Limited) and the agricultural land of the
concerned villages was acquired accordingly.
The petitioner has received compensation award
of only 64 decimal land while her 01 Acre 8.5
decimal land has been acquired by the
Government. Thus, the compensation amount of
44.5 decimal land is still outstanding, which the
petitioner has the legal right to receive and this
amount should be provided to her as soon as
possible.”
3. After some argument, learned counsel for the
petitioner submits that she shall be approaching the appropriate
authority/court for the redressal of the grievance in next four
weeks.
Patna High Court CWJC No.16212 of 2023(2) dt.27-04-2026
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4. If such petition is filed, it is expected that the same
will be taken to its logical conclusion at an earliest.
5. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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