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Patna High Court

Ramdeo SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The State must pay the calculated compensation with statutory interest within four weeks, failing which the petitioners are entitled to costs.

Summary

The petitioners, daughters and sons of the late Ramdeo Singh, filed a writ petition seeking a mandamus directing the State of Bihar, the Collector and the District Land Acquisition Officer to pay compensation of Rs.9,176.89 with interest from 22‑04‑1987 and an additional compensation of Rs.19,609.71 as ordered by a larger bench. The respondents contended that the land was acquired for housing employees of the Accountant General’s office and that compensation had already been calculated, amounting to Rs.94,016, later adjusted to Rs.99,753 including 15% interest, but payment had not been released. The court examined the calculation and the pending payment, noting repeated requests to the Secretary of the AG Office. It ordered that if the amount with 15% interest had not been paid, the State must pay it along with statutory interest within four weeks, and imposed a cost of Rs.10,000 on the official causing delay. If payment had already been made, no further action was required. The writ petition was thus disposed of with the payment directive.

Issues considered

  • Whether the State of Bihar is liable to pay the compensation and interest claimed by the petitioners under the Land Acquisition Act.
  • Whether a writ of mandamus can be issued directing the payment of the calculated compensation and statutory interest.

Subjects

  • Land Acquisition
  • Compensation
  • Writ of Mandamus
  • Statutory Interest
  • Cost of Litigation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.18962 of 2015
                ======================================================
           1.1. Smt. Sona Devi W/o Late Ramdeo Singh, resident of Mohalla-Sheikhpura,
                 P.S. Hawai Adda, District-Patna.
           1.2. Hari Shankar Kumar, son of Late Ramdeo Singh, resident of Mohalla-
                Sheikhpura, P.S. Hawai Adda, District-Patna.
           1.3. Ravi Shankar Kumar, son of Late Ramdeo Singh, resident of Mohalla-
                Sheikhpura, P.S. Hawai Adda, District-Patna.

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    The Collector, Patna.
           3.    The District land Acquisition Officer, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Rajendra Prasad, Advocate
                 For the Respondent/s    :     Mr. D.K. Sinha, AAG-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   31-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for issuance of writ in the nature of

                                  mandamus or any other writ or writs, order or

                                  orders directing the respondents- authority to pay

                                  Rs.9176.89 as compensation Money and also

                                  further interest at the rate of 12% per annum from

                                  22.4.1987 till the date of realization and the

                                  petitioner is also entitled to get Rs.19, 609.71 as

                                  compensation money after the decision of Bhag
Patna High Court CWJC No.18962 of 2015(6) dt.31-01-2026
                                           2/3




                           Singh case by larger bench.”

                      3.    The     counter-affidavit/supplementary   counter-

          affidavit have been filed by the respondent nos. 2 and 3 namely,

          the Collector, Patna and the District Land Acquisition Officer,

          Patna submitting that the land in question was acquired for the

          purpose of construction of houses for the employees of the

          office of the Accountant General, Bihar, Patna vide Land

          Acquisition Case No. 14/1980-81.

                      4. The further paragraph shows that earlier, the

          compensation was paid to the father of the petitioners and after

          the order dated 30.09.2004 passed by the Special Land

          Acquisition Judge-IV, Civil Court, Patna for payment of

          enhanced compensation amount, the office of the answering

          respondent prepared a calculation chart whereby an amount of

          Rs. 94,016/- was to be paid to the petitioner. The stand of the

          State-respondents is/are that they have repeatedly requested the

          Secretary of the AG Office, Housing Co-Operative Society Ltd.

          (Patna Branch), the last in letter no. 2489 dated 04.10.2023 to

          release the amount so that the payment is made.

                      5. The last letter shows that alongwith the 15%

          interest that was given to the petitioner’s family, the amount as

          on 04.10.2023 was Rs. 99,753/-.
          Patna High Court CWJC No.18962 of 2015(6) dt.31-01-2026
                                                     3/3




                                6. In that background, the writ petition stands

                    disposed of with the observation that if the payment calculated

                    by the District Land Acquisition Officer, Patna alongwith 15%

                    interest has not been cleared till today, the same shall be paid

                    alongwith the statutory interest in next four weeks. Failure to

                    pay the amount, the petitioners shall be entitled to a cost of Rs.

                    10,000/- to be realized from the pocket of the official of A.G.

                    who has chosen to sit over the matter despite repeated request of

                    the State-respondents.

                                7. If the Payment has already been made, no further

                    steps required.

                                8. The writ petition stands disposed of with aforesaid

                    observation.



                                                  (Rajiv Roy, J)
Adnan/-

U


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