Patna High Court
Ram Singar Singh,versusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition is disposed without any order on the merits as no compensation has been paid, and the court declined to grant the interim relief sought.
Summary
The petitioner, a co‑sharer of land acquired for a bridge project, filed a writ petition seeking an order restraining the State and land acquisition officials from paying the acquisition award for the disputed parcel until a pending partition suit is decided. He alleged that a co‑sharer had forged documents to obtain a possession certificate and was attempting to withdraw the entire compensation, thereby depriving other co‑sharers of their shares. The petition sought a writ directing the authorities to stop any payment and to withhold distribution of the award pending resolution of the title dispute. The respondents contended that no compensation had yet been paid to any party because of the ongoing title dispute. The court observed that the land acquisition officer had not made any payment and therefore found no merit to grant interim relief, disposing of the petition while allowing the aggrieved parties to pursue appropriate remedies under law.
Issues considered
- Whether a writ can be issued to restrain payment of land acquisition compensation pending a civil partition suit.
- Whether the land acquisition authority is obligated to withhold compensation due to a title dispute among co‑sharers.
- Whether the petitioner has locus standi to seek interim relief in the present circumstances.
- Whether the court can entertain the petition when no compensation has been disbursed.
Legislation cited
Subjects
- land acquisition
- compensation
- partition suit
- writ petition
- injunction
- title dispute
- civil court jurisdiction
- illegal transfer
- forged documents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17972 of 2021
======================================================
Ram Singar Singh, S/o Late Shri Sarath Singh @ Late Ram Chandar Singh,
R/o Village - Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. -
Nawanagar Bazar, P.S. - Bidupur, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of Revenue
and Land Reforms, Govt. of Bihar, Patna.
2. The District Magistrate - Cum - District Collector, Vaishali at Hajipur.
3. The District Land Acquisition Officer, Vaishali at Hajipur.
4. The Deputy Collector, Land Reforms, Vaishali at Hajipur.
5. The Circle Officer, Circle Raghopur, Vaishali.
6. The Anchal Ameen, Circle Raghopur, Vaishali.
7. The Halka Karamchari, Mauja Karmopur, Raghopur.
8. Yogendra Prasad Singh, S/o Late Daroga Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
9. Smt. Swati Kumari, W/o Stya Prakash, R/o Village - Amer Tola Karmopur
@ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. - Bidupur,
District - Vaishali.
10. Smt. Anamika Singh, W/o Om Prakash R/o Village - Amer Tola Karmopur
@ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. - Bidupur,
District - Vaishali.
11. Neha Kumari, W/o Dev Prakash, R/o Village - Amer Tola Karmopur @
Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. - Bidupur, District
- Vaishali.
12. Janardhan Singh @ Hikayat Singh, S/o Late Ram Lakhan Singh, R/o Village
- Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar
Bazar, P.S. - Bidupur, District - Vaishali.
13. Rana Pratap Singh, S/o Ramnandan Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
14. Rakesh Kumar Singh @ Vakil Singh, S/o Ramnandan Singh, R/o Village -
Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar
Bazar, P.S. - Bidupur, District - Vaishali.
15. Most. Nitu Devi, W/o Late Maharana Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
16. Vivek Kumar Singh @ Tinku Singh, S/o Late Maharana Singh, R/o Village -
Patna High Court CWJC No.17972 of 2021(3) dt.02-02-2026
2/7
Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar
Bazar, P.S. - Bidupur, District - Vaishali.
17. Rahul Kumar @ Anjani, S/o Late Maharana Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
18. Aashish Ranajan @ Sonu Kumar, S/o Late Maharana Singh, R/o Village -
Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar
Bazar, P.S. - Bidupur, District - Vaishali.
19. Devnath Kumar Singh @ Devnath Singh, S/o Late Satwaki Singh, R/o
Village - Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. -
Nawanagar Bazar, P.S. - Bidupur, District - Vaishali.
20. Most. Sumitri Devi, W/o Late Satwaki Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
21. Brajesh Kumar Singh, S/o Late Banarsi Prasad Singh, R/o Village - Amer
Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S.
- Bidupur, District - Vaishali.
22. Surendra Singh, S/o Late Banarsi Prasad Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
23. Chandrabhushan Singh, S/o Late Banarsi Prasad Singh, R/o Village - Amer
Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S.
- Bidupur, District - Vaishali.
24. Most. Seema Devi, W/o Late Banarsi Prasad Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
25. Ranvijay Kumar Singh, S/o Late Aniruddh Prasad Singh, R/o Village - Amer
Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S.
- Bidupur, District - Vaishali.
26. Digvijay Kumar Singh, S/o Late Aniruddh Prasad Singh, R/o Village - Amer
Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S.
- Bidupur, District - Vaishali.
27. Ranveer Kumar Singh, S/o Late Aniruddh Prasad Singh, R/o Village - Amer
Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S.
- Bidupur, District - Vaishali.
28. Kishori Prasad Singh, S/o Late Ramsundar Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
29. Ranjeet Singh, S/o Late Ramsundar Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
30. Ajeet Kumar Singh, S/o Late Harendra Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
31. Shambhunath Singh @ Shambhu Singh, S/o Ram Pyare Singh, R/o Village -
Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar
Patna High Court CWJC No.17972 of 2021(3) dt.02-02-2026
3/7
Bazar, P.S. - Bidupur, District - Vaishali.
32. Ravi Kumar, S/o Late Bindeshwari Prasad Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
33. Most. Dhanvarti Devi, W/o Late Jagdeep Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
34. Atendra Singh, S/o Late Raghunath Singh @ Machchhu Singh, R/o Village -
Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar
Bazar, P.S. - Bidupur, District - Vaishali.
35. Most. Manju Devi, W/o Late Raghunath Singh @ Machchhu Singh R/o
Village - Amer Tola Karmopur @ Amer Naya Tola Karmopur, P.O. -
Nawanagar Bazar, P.S. - Bidupur, District - Vaishali.
36. Satish Chandra Singh, S/o Late Dwarika Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
37. Vashishth Singh, S/o Late Dwarika Singh, R/o Village - Amer Tola
Karmopur @ Amer Naya Tola Karmopur, P.O. - Nawanagar Bazar, P.S. -
Bidupur, District - Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha, SC19
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 02-02-2026 Heard Mr. Manish Chandra Gandhi, learned counsel
appearing on behalf of the petitioner and Mr. Rishi Raj Sinha,
learned SC19 for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia the following relief(s), which is
reproduced hereinafter:-
“1-That this writ application is being filed for
the following reliefs: -
(i)- For issuance of an appropriate
Patna High Court CWJC No.17972 of 2021(3) dt.02-02-2026
4/7
writ/writs, order/orders, command/commands,
direction/directions to the respondent No.-1 to 7
to stop payment of award for land acquisition of
Khata No.-92, Khesra No.-474 (part), 483 (part),
484 (part), 485 (part), 577 (part), 578 (part),
579 (part), 581 (part), 589 (part), 598 (part),
858 (part), 859 (part), 860 (part) and 883 (part)
Total Area of all Khesras 2 Acres and 122
decimals situated in Anchal Ragjopur, Mauza
Karmopur, District Vaishali, to the private
respondents till the disposal of Partition Suit
No.-44/2021 pending in the court of learned
Civil Judge (Senior Division), Vaishali at
Hajipur filed by the petitioner.
(ii)- For issuance of an appropriate
writ/writs, order/orders, command/commands,
direction/directions to the official respondents
for not distributing the land acquisition award to
any of the parties till the disposal of Partition
Suit No.-44/2021 pending in the court of learned
Civil Judge (Senior Division), Vaishali at
Hajipur filed by the petitioner
(iii)- For any other writ/writs,
order/orders, command/commands,
direction/directions for which petitioner shall be
entitled under the facts and circumstances of this
case.”
3. The brief facts of the case is that the land in
question appertains to Khata No. 92 of Mauza Karmopur, P.S.
Raghopur, District Vaishali, which the petitioner claims that
originally belonged to one Prasad Singh, the common ancestor
of the petitioner and the private respondents, and upon his death,
it devolved upon his several sons and their descendants
including the petitioner, whose father Shri Sarath Singh @
Ramchandra Singh stood recorded in the revisional survey
khatiyan with specified shares. On 24.11.2016, the State of
Bihar issued a gazette notification for acquisition of several
Patna High Court CWJC No.17972 of 2021(3) dt.02-02-2026
5/7
plots under the said khata for construction of the Green Field
Bridge (Kachchi Dargah to Bidupur Project), wherein the names
of the petitioner’s ancestors and father were shown as interested
persons and notices under the relevant provisions of the Act of
2013 were issued by the District Land Acquisition Officer. The
petitioner alleges that during the pendency of acquisition
proceedings, his agnate Yogendra Prasad Singh (Respondent
No. 8), on the basis of forged and fabricated documents,
executed registered gift deeds in favour of his daughter-in-laws
in respect of portions of the notified land despite statutory
prohibition on transfer, obtained a Land Possession Certificate
for the entire khata in connivance with revenue officials, and
attempted to withdraw the entire compensation to the exclusion
of other co-sharers. The petitioner repeatedly raised objections
before the land acquisition authorities and issued legal notices
requesting that the compensation amount be withheld till
adjudication of pending civil disputes, including Partition Suit
No. 44/2021 and other partition suits relating to the same khata,
but no action was taken. Apprehending illegal disbursement of
the land acquisition award to the private respondents, the
petitioner claims himself to be a bona-fide co-sharer in the
acquired land and seeks withholding of compensation until final
Patna High Court CWJC No.17972 of 2021(3) dt.02-02-2026
6/7
determination of title and shares by the competent civil court.
4. Learned counsel appearing on behalf of the
petitioner, referring to paragraph 13 of the writ petition,
submitted that subsequent to the publication of the notification
dated 24.11.2016, the petitioner instituted a partition suit on
15.01.2021 with a view to secure his share of the compensation
amount. The legitimate claim of the petitioner has been deprived
by the District Land Acquisition authority to favour the private
respondent nos. 8 to 37.
5. Learned counsel appearing on behalf of
respondents submitted that in the background of the information
contained in para 13, as well as, the information contained in
para 5 the compensation has not been paid to any of the private
respondents due to title dispute in respect of the land in
question.
6. Considering the aforesaid information, as well as,
in view of the relief, as sought for, in the present writ petition, I
don’t find to pass any order on merit of the case. The Land
Acquisition Officer, Vaishali has not given effect to make
payment of the compensation amount in respect of the land in
dispute to any of the claimant till date.
7. The petition is disposed of with liberty to the
Patna High Court CWJC No.17972 of 2021(3) dt.02-02-2026
7/7
aggrieved parties to avail appropriate remedy in accordance
with law.
(Purnendu Singh, J)
Ashishsingh/-
U
Checking your session…