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Patna High Court

Sumitra DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the State has already paid the full compensation amount to the petitioner.

Summary

Petitioner Sumitra Devi filed a writ petition seeking a mandamus directing the State authorities to pay compensation with 18% interest for land acquired from her. The State, through a counter‑affidavit, asserted that full compensation of Rs.14,87,608 had already been paid to her. The petitioner disputed this claim, but the court noted that the State’s reply dated 17‑02‑2020 had not been rebutted. Finding the State’s averment credible and unchallenged, the court concluded that there was no basis to grant further relief. Consequently, the writ petition was disposed of.

Issues considered

  • What is the entitlement of the petitioner to additional compensation and interest for the acquired land?
  • Whether a writ of mandamus can be issued directing payment of compensation when the State claims full payment has already been made.

Subjects

  • land acquisition
  • compensation
  • mandamus
  • interest
  • civil writ jurisdiction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.17591 of 2019
                 ======================================================
                 Sumitra Devi W/o Late Devnandan Prasad Resident of village- Daniawan,
                 Post and P.S.- Daniawan, Dist- Patna, at present Mohalla - Chaitnya Nagar,
                 Bhagwagt Nagar, Kumharar, P.S.- AgamKuan, Dist- Patna.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through, Principal Secretary, Bihar land and Revenue
                 Department, Patna.
           2.    The District Magistrate Patna.
           3.    The District Land Acquisition Officer Patna Samaharnalay, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anand Kumar, Advocate
                 For the State            :       Mr. Rishi Raj Sinha, SC-19
                                          :       Mr. Manoj Kumar Sinha, AC to SC-19
                 ======================================================
                 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):

                                                  “(i) for issuance of an appropriate

                                        writ in the nature of Mandamus for commanding

                                        and   directing     the     respondent      authorities

                                        concerned to make payment of compensation

                                        amount to the petitioner with interest @ 18% to

                                        the petitioner for acquired land.

                                                  (ii)    for     issuance   of    any   other

                                        appropriate         writ/writs,           order/orders,

                                        direction/directions for which the writ petitioner
            Patna High Court CWJC No.17591 of 2019(3) dt.19-01-2026
                                                       2/2




                                         will be found entitled in the facts and

                                         circumstances of the case.”

                                  3. A counter affidavit has come on behalf of the

                      respondent no.2 and 3 and learned State counsel has taken this

                      Court to paragraph nos. 6 and 7 to show that as per the State

                      Government, so far as the share of Sumitra Devi is concerned,

                      the 100% compensation amount has been given to her

                      (Rs.14,87,608/-)

                                  4. Though learned counsel for the petitioner dispute

                      the same, a perusal of the notice would show that reply was

                      received by his on office on 17.02.2020 and there is no

                      rebuttal/rejoinder to that.

                                  5. Allowing her to agitate the matter if she still has

                      any grievance, this Court being convinced with the averment

                      made by the State respondents in the counter affidavit, the writ

                      petition is disposed of.



                                                    (Rajiv Roy, J)
vinayak/-

U


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