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Patna High Court

Suresh Kumar SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed, with the court directing the petitioner to approach the appropriate authority for redress.

Summary

The petitioner, Suresh Kumar Sinha, claimed that he had purchased a plot of land by registered deed, which was later acquired by the State of Bihar in 2014, but he had not received the compensation due under law, including interest for delay and harassment. He filed a writ petition seeking a direction to the respondent authorities to pay the compensation with statutory and penal interest. The respondents countered that the revenue records listed a different person, Roop Narayan Singh, as the owner, and denied any liability to the petitioner. The petitioner’s counsel argued that he had invested in the land and would pursue the matter before the appropriate authority. The court, after hearing, granted liberty to the petitioner to approach the appropriate authority but disposed of the writ petition without granting the relief sought.

Issues considered

  • Whether the petitioner is entitled to compensation for the acquisition of the land.
  • Whether the revenue register showing a different owner defeats the petitioner's claim for compensation.
  • Whether the court can direct payment of compensation with statutory and penal interest.

Subjects

  • land acquisition
  • compensation
  • writ petition
  • property rights
  • interest
  • harassment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17109 of 2019
                 ======================================================
                 Suresh Kumar Sinha son of Late Shankar Swaroop Sinha resident of House
                 No. 6/251, Purnimalaya (Near Park Mount School), Mitra Mandal Colony,
                 P.O. Anishabad, P.S. Phulwari Sharif, District- Patna- 800002.
                                                                              ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Urban Development and
                  Housing Department, Patna.
           2.    The Principal Secretary, Urban Development and Housing Department,
                 Govt. of Bihar, Old Secretariat, Patna.
           3.    The Additional Secretary, Urban Development and Housing Department,
                 Govt. of Bihar, Old Secretariat, Patna.
           4.    The Deputy Secretary, Urban Development and Housing Department, Govt.
                 of Bihar, Old Secretariat, Patna.
           5.    The Managing Director, The Bihar State Housing Board, Bihar, Patna.
           6.    The Collector, Patna, District- Patna.
           7.    The District Land Acquisition Officer, Patna, District- Patna.
           8.    The Circle Officer, Patna Sadar Block, District- Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s  :         Mr. Shankar Kumar, Advocate
                 For the Respondent/s  :         Mr. Subhash Prasad Singh, GA-3
                 For the Housing Board :         Mr. Anand Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “for issuance of an appropriate writ(s)

                                  direction(s) for commanding and directing the

                                  respondent authorities to pay the amount of

                                  compensation        to    the   petitioner      taking    into

                                  consideration that the land of survey plot No. 2433,

                                  Tauzi No. 5339, Plot no. 266, Area about 3000 Sq.

                                  feet situated at Mohalla Nepali Nagar which was
          Patna High Court CWJC No.17109 of 2019(3) dt.07-01-2026
                                                     2/2




                                    purchased by the petitioner through registered sale

                                    deed has been acquired by the respondent authority

                                    in the year 2014 but till date compensation amount

                                    for which he is entitled in accordance with law has

                                    not been paid as yet with statutory interest and penal

                                    interest for unnecessary harassment and for other

                                    necessary relief(s) for which the petitioner may found

                                    entitled in accordance with law.”

                                 3. A counter-affidavit has come on behalf of the State-

                    respondents, according to which, the revenue register shows the

                    name of Roop Narayan Singh, son of Kamla Sharan Singh as the

                    owner of the land and there is no whisper about the petitioner.

                                 4. Learned counsel for the petitioner submits that he has

                    invested in the land and will be taking up the matter before

                    appropriate authority/competent Court for the redressal of the

                    grievance.

                                 5. Granting said liberty, the writ petition stands disposed

                    of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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