Patna High Court
Ramdeo SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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/-
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